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diff --git a/43986.txt b/43986.txt deleted file mode 100644 index b344899..0000000 --- a/43986.txt +++ /dev/null @@ -1,10752 +0,0 @@ -The Project Gutenberg eBook, The Criminal & the Community, by James Devon - - -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: The Criminal & the Community - - -Author: James Devon - - - -Release Date: October 20, 2013 [eBook #43986] - -Language: English - -Character set encoding: ISO-646-US (US-ASCII) - - -***START OF THE PROJECT GUTENBERG EBOOK THE CRIMINAL & THE COMMUNITY*** - - -E-text prepared by the Online Distributed Proofreading Team -(http://www.pgdp.net) from page images generously made available by -Internet Archive (http://archive.org) - - - -Note: Images of the original pages are available through - Internet Archive. See - http://archive.org/details/criminalcommunit00devouoft - - - - - -THE CRIMINAL & THE COMMUNITY - -by - -JAMES DEVON - -Medical Officer of H.M. Prison at Glasgow with -an Introduction by Prof. A. F. Murison, LL.D. - - - "GREAT MEN ARE NOT ALWAYS WISE: - NEITHER DO THE AGED UNDERSTAND - JUDGMENT. - - THEREFORE I SAID, HEARKEN UNTO ME; - I ALSO WILL SHEW MINE OPINION." - - _Job_ XXXII. 10, 11. - - -Toronto: Bell and Cockburn -London: John Lane MCMXII - -William Brendon and Son, Ltd., Printers -Plymouth, England - - - - - TO - MATTHEW G. KELSO - AND - SAMUEL GIBSON - FRIENDS INDEED - - - - -INTRODUCTION - - -The importance of the subjects handled in this volume requires no -demonstration. Already, and for long, the treatment of them has naturally -engaged the sympathetic study of philanthropists, and more recently it has -attracted the earnest attention of scientific inquirers. Hitherto, -however, the results have been far from satisfactory; and there is ample -room for further discussion, especially from the standpoint of a -thoroughly practical man with large experience both of criminals and of -the social conditions that breed them. - -Nowadays there is a growing sense of social interdependence; there is a -more general and a more definitely realized aim to elevate the condition -of the less fortunate of our fellow-citizens; there are express efforts of -scientific investigators to discover a firm basis for practical reforms; -and practical reforms are urgent. Such tendencies of thought and feeling -may be expected to go far to ensure a warm welcome to this volume. - -Dr. Devon's book is executed on a breadth of scale never before attempted. -It has three distinct parts: The Criminal; Common Factors in the Causation -of Crime; The Treatment of the Criminal. His exposition is perfectly -clear; he sees precisely, and he states directly, simply, and definitely -what he sees and what he thinks about it, very frequently driving home a -point with epigrammatic force. If he throws overboard unceremoniously what -he regards as mere lumber accumulated by the industry of speculation -divorced from experience; if he betrays some impatience with existing -theories and systems; if he advances his own views with confidence--the -handling is at any rate piquant, and brings the matter promptly to a head. - -We are supposed to have travelled far from the mediaeval brutality of -prison life, but have the changes not been superficial rather than deep? -Setting aside the catalogue of minor regulations and regarding the broad -spirit of prison life, one cannot but recognize that the conditions still -prevailing have much in common with the past. If we look for the really -essential changes during a hundred years, we find just these: (1) a -surface cleanliness of apparent perfection; (2) conversation, prison -visits, and arrangements tending towards a decent sociability between -prisoners and prisoners and between prisoners and the public reduced and -rendered difficult by multitudinous bye-laws. On the one hand, a -cleanliness obtainable only by irritating industry disproportionate to its -proper value; on the other hand, a reduction of such facilities as are -most likely to prevent a prisoner from degenerating to a social alien, an -automatic machine, or a lunatic. - -The after-effects of a long sojourn in prison are not readily realizable: -it would require a very lively imagination to picture the life and its -inherent possibilities. The fact that some prisoners do manage to get -through their existence without falling into despair may be taken rather -as a tribute to the chances of exception confounding rule than as a proof -of conversion to virtue through punishment. It is too much to expect that -an ordinary man that has been incarcerated for a period of seven, or five, -or even three years, can become, on his liberation, once more a -"respectable" member of society. His spirit has been cowed; his -self-respect has been annihilated; he has been disqualified for -reabsorption in the community; he has been prepared to gravitate once more -towards crime and prison. - -Another unfortunate aspect is the position of the prison warder. Apart -from the care of those under him, he is subject to so much personal -discipline--is so much the slave of "Rules"--that his life often becomes -little superior to that of his charges. In point of social origin or of -intellectual attainments he is not inferior to the ordinary policeman; -but, while the policeman is taught by society, the warder spends most of -his time in an atmosphere of degradation, fatal both to character and to -intellect. - -We are pretty well agreed that consideration and sympathy should be -extended to the first offender, except in case of sheer brutality--and, as -Dr. Devon points out, even a man that commits an act of brutality is not -necessarily a brute--for the first offender is usually the victim of -"accidental misconduct." In the case of the habitual offender, who returns -to prison time after time for various transgressions, it would seem -judicious to keep him permanently from actual freedom, but to treat him -more as a diseased and positively dangerous man than as a noxious animal. -At any rate, first offenders should not be herded together with -case-hardened criminals. - -Dr. Devon argues stoutly for the liberation of prisoners when responsible -citizens come forward to undertake for necessary periods the guardianship -and care of them. On this point it is important to note his precise -position: it is not for a moment to be thought that he advocates any -reckless liberation of scoundrels upon society. Let us see his actual -words: "Unconditional liberation has ended in disaster to all concerned. -Conditional liberation can only be expected to produce good results if the -conditions are reasonable.... A prison ought merely to be a place of -detention in which offenders are placed till some proper provision is made -for their supervision and means of livelihood in the community.... The -prison in which they would be placed would not be a reformatory -institution where all sorts of futile experiments would be made, but -simply a place of detention in which they would be required each to attend -on himself until he had made up his mind to accept the greater degree of -liberty implied in life outside. The door of his cell would be opened to -let him out when he had reached this conclusion; but it would not be -opened to let him out, as at present, to play a game of hare and hounds -with the police." The argument hinges on the conditions. - -Side by side with this, the State might well note the advantage of -pursuing the scheme of letting first offenders out on probation; giving -them guidance and help in welldoing, and impressing upon them the -inevitable consequence of restraint in case of violation of the law. In -this way the transgressor--unless he be of the stuff of which arrant -evildoers are made--seems more likely to feel repentance instead of -remorse. He is shown clearly the power and the certainty of the law; and -at the same time he avoids the stain a prison life must inevitably have -left, even though the imprisonment had been of a comparatively short -duration. - -Dr. Devon expounds, with irresistible logic, an argument in favour of a -proper training of the class most in need of it. It must not be forgotten -that ignorance cannot be expected to reason, and that poverty is heavily -handicapped. Many offenders do evil simply because they have never known -good. To punish these with blind and brutish vehemence is only a little -less callous than ill-treatment of mental derelicts and little children. -The principal aims of a prison system are presumably to punish offenders -and to induce them not to offend again. In neither case can the present -system be regarded as successful: it provides neither a proper punishment -nor an effective deterrent. That the influence is brutalising cannot be -ignored: the savage become bestial, the refined become tragically shamed -outcasts. - -It is not to be anticipated that Dr. Devon will at all points and at once -conciliate agreement. Probably he is the last man to expect it. Perhaps it -is even undesirable that his views should be accepted without keen -discussion. But Dr. Devon is a seasoned warrior, well accustomed to fight -his own battles; and no man is readier to acknowledge frankly a sound -criticism. - -Dr. Devon begins and ends on the same note: absolute necessity for the -"recognition of social conditions as they exist." Yes, "as they exist"; -and not otherwise. His official position as medical officer of a large -prison for more than half a generation, and a long experience as one of -the examiners for the Crown for criminal cases in the West of Scotland, -give him a right to a hearing on the medical and official aspects of the -subject. There have been other writers that could claim official knowledge -of the subject but Dr. Devon's qualifications on the social side are -exceptional. He was helping to earn his own living before he was eleven, -and his knowledge of the conditions of life among the working class has -not been acquired from the outside. He had a practical acquaintanceship -with the work of the unskilled labourer and of the artisan before he began -the study of medicine; and his professional life, spent mainly in the -poorhouse and the prison, has given him opportunities for outside -observation of conditions with which he had had an earlier and more -intimate acquaintance. He has been emphatically a man of the people, going -in and out among his fellow-citizens of all classes for many -years--lecturing, sharing confidences, advising and counselling every day, -and, in a word, familiarising himself with every aspect of the diversified -social life around him; an incalculable advantage when utilized by a keen -intellect and a sympathetic heart. - -It will be found, then, that he has brought together the two factors of -the problem--the Criminal and Society--with a solvent power beyond any -previous effort. I believe that his book is the most illuminating and the -wisest that has ever been written on the subject. - - - - -CONTENTS - - - PART I THE STUDY OF THE CRIMINAL - - CHAPTER I THE CRIMINAL AND THE CRIMINOLOGISTS - - Classification of criminals--The treatment of the criminal - not a medical but a social question--Technical differences - between crimes and offences--Changes in the law--Vice and - crime--The beginner in crime--Common characters of the - "criminal class"--Atrocious crimes exceptional--So-called - scientific studies of the criminal--How figures mislead-- - Composite photographs and averages--Estimate of character - from physical examination--Causal relationship to crime of - these characters _pages_ 3-17 - - CHAPTER II HEREDITY AND CRIME - - Does heredity account for one quality more than - another?--Impossibility of forecasting the conduct of - others--Do criminals breed criminals?--The fit and the - unfit--Unequal endowments--Ability and position--Inherited - faculties and social pressure--Crime the result of wrongly - directed powers--Original sin and heredity--Heredity - behind everything 18-23 - - CHAPTER III INSANITY AND CRIME - - Insanity and responsibility--Removal of the insane from - prison--Crime resulting from insanity--Case of theft--Of - embezzlement--Of fire-raising--Insanity and murder - charges--The result of an act not a guide to the nature of - the act--Observation of prisoners charged with certain - offences--Insanity as a result of misconduct--Cases--The - mentally defective--Cases 24-40 - - CHAPTER IV PHYSICAL DEFECTS AND CRIME - - Physical defects beget sympathy--Rarely induce crime--May - cause mental degeneration--Case of jealousy and murder 41-43 - - CHAPTER V THE STUDY OF THE CRIMINAL - - The reliability of prisoners' statements--Deceit or - misunderstanding?--Frankness and knowledge required on the - part of the investigator--The prisoner's statement should - form the basis of enquiry--Information and help obtained - from former friends--The diffusion of knowledge so - obtained--The prevention of crime and the accumulation of - knowledge 44-48 - - - PART II COMMON FACTORS IN THE CAUSATION OF CRIME - - CHAPTER I DRINK AND CRIME - - Drink commonly accredited with the production of crime-- - Minor offences usually committed under its influence-- - Drink a factor in the causation of most crimes against - the person--Double personality caused by drink--Drunken - cruelty--Drunken rage--Assaults on the drunken--Sexual - offences--Child neglect--Mental defect behind the - drunkenness of some offenders--Malicious mischief and - theft--Drunken kleptomania--The professional criminal - and drink--Thefts from the drunken--Amount of crime not - in ratio to amount of drinking in a district--The vice - existent apart from crime, in the country--And in the - wealthier parts of the city--Drunkenness and statistics-- - Summary 51-66 - - CHAPTER II POVERTY, DESTITUTION, OVERCROWDING, AND CRIME - - The majority of persons in prison there because of their - poverty--Poverty and drink--Poverty and petty offences-- - Poverty and thrift--Poverty and destitution--Case of theft - from destitution--Poverty and vagrancy--Unemployment and - beggary--Formation of professional offenders--The case of - the old--The degradation of the unemployed to - unemployability--No ratio between the amount of poverty - alone and the amount of crime--A definite ratio between - density of population and crime--Slum life--Overcrowding-- - Cases of destitution and overcrowding--Overcrowding and - decency--Poverty and overcrowding in relation to offences - against the person--The poor and officials--The absence - of opportunity for rational recreation--The migratory - character of the population--The multiplication of laws - and of penalties--Transgressions due to ignorance and to - inability to conform--Contrast between city and country - administration--Case of petty offender--Treatment induces - further offences--The city the hiding-place of the - professional criminal--Crime largely a by-product of city - life 67-94 - - CHAPTER III IMMIGRATION AND CRIME - - The stranger most likely to offend--The reaction to new - surroundings--The difficulty of recovery--The attraction - of the city--The Churches and the immigrant--Benevolent - associations--The alien immigrants--Their tendency to hold - themselves apart--Deportation--A language test required-- - The alien criminal--His dangerous character--The need for - powers to deal with him 95-102 - - CHAPTER IV SOCIAL CONDITIONS AND CRIME - - The millionaire and the pauper--Ill-feeling and - misunderstanding--Social ambitions--Case of embezzlement-- - Preaching and practice--Gambling--The desire to "get on"-- - The need to deal with those who profit by the helplessness - of others--Political action--Its difficulty--Legislation - and administration--The official and the public--Personal - aid--Fellowship 103-116 - - CHAPTER V AGE AND CRIME - - The inexperience of youth--The training of boys--Case of a - truant--Another case--Intractability--The foolishness of - parent and teacher--The absence of mutual understanding-- - Recreation--Malicious mischief and petty theft--The cause - thereof--The need for instructing parents--Pernicious - literature--The other kind--The modern Dick Turpin--The - boy as he leaves school--Amusements--Repression-- - Blind-alley occupations--The adolescent--Physical strain - of many occupations--Unequal physical and mental - development--The street trader--Hooliganism--Knowledge - and experience--The perils of youth--Old age 117-139 - - CHAPTER VI SEX AND CRIME - - The position of woman--The posturing of men--Love and - crime--Two cases of theft from sexual attraction--The - female thief--Case--Blackmailing--Jealousy and crime--Two - murder cases--Case of assault--Fewer women than men are - criminals--Their greater difficulty in recovery--Young - girls and sexual offences--The perils of girlhood--Wages - and conduct--Exotic standards of dress--Ignorance and - wrongdoing--The domestic servant--Her difficulties-- - Concealment of pregnancy cases--The culprit and the - father--Morals--The fallen woman--Bigamy 140-160 - - CHAPTER VII PUNISHMENT - - The universal cure-all--The public and the advertising - healer--The essence of all quackery--The quackery of - punishment--Rational treatment--Justice not bad temper-- - Retribution--Our fathers and ourselves--Their methods not - necessarily suitable to our time--Capital punishment--The - incurable and the incorrigible--Objections to capital - punishment apply in degree to all punishment--The "cat"-- - The executioner and the surgeon--Whipping and its - effect--The flogged offender--The act and the intention-- - Pain and vitality--Unequal effects of punishment--Fines - and their burden--Who is punished most?--Punishment and - expiation--Punishment and deterrence--Social opinion the - real deterrent--Vicious social circles--Respect for the - law--Prevention of crime 161-185 - - - PART III THE TREATMENT OF THE CRIMINAL - - CHAPTER I THE MACHINERY OF THE LAW - - The police and their duties--Divided control--Need for - knowledge of local peculiarities--The fear of - "corruption"--The police cell--Cleanliness and - discomfort--Insufficient provision of diet, etc.--The - casualty surgeon--The police court--The untrained - magistrate--The assessor--Pleas of "guilty"--Case--Apathy - of the public--Agents for the Poor--The prison van--The - sheriff court--The procurator-fiscal--Procedure in the - higher courts--The Scottish jury 189-209 - - CHAPTER II THE PRISON SYSTEM - - Centralisation--The constitution of the Prison - Commission--Parliamentary control--The Commissioners--The - rules--The visiting committee--The governor and the - matron--The chaplain--The medical officer--The staff 210-219 - - CHAPTER III THE PRISON AND ITS ROUTINE - - Reception of the prisoner--Cleanliness and order--The plan - of the prison--The cells--Their furniture--The diet--The - clothing--Work--The Workshops--Separate confinement and - association--Gratuities--Prison offences--Complaints-- - Punishment cells--Visits of the chaplain--Visits of - representatives of the Churches--The gulf between visitor - and visited--The Chapel--The Salvation Army--Rest-- - Recreation--The prison Library--Lectures--The - airing-yard--Physical drill 220-242 - - CHAPTER IV VARIATIONS IN ROUTINE - - The sick--Prison hospitals--The removal of the sick to - outside hospitals--The wisdom of this course--The - essential difference between a prison and other public - institutions--The treatment of refractory prisoners--The - folly of assuming that rules are more sacred than - persons--The position of the medical officer in relation - to the prisoner--The danger of divided responsibility--The - untried prisoner--His privileges--Civil prisoners-- - Imprisonment for contempt of court--The convict--Short and - long sentences 243-257 - - CHAPTER V THE PRISONER ON LIBERATION - - His condition--His need--Alleged persecution of - ex-prisoners--Discharged prisoners' aid societies--Work-- - Temptations--The discharged female offender--The attitude - of women towards her--"Homes"--The women's objections to - them--Pay--The religious atmosphere and the harmful - associations--The effect of imprisonment 258-270 - - CHAPTER VI THE INEBRIATE HOME - - The need to find out why people do wrong before attempting - to cure them--Enquiries as to inebriety--The inebriates-- - Official utterances--Cost and results--The grievance of - the unreformed--The time limit of cure--The causes of - failure--The fostering of old associations--The prospect - of the future spree--The institution habit 271-283 - - CHAPTER VII THE PREVENTION OF CRIMES ACT (1908) - - The Borstal experiment--Provisions for the "reformation of - young offenders"--Is any diminution in the numbers of - police expected?--Preventive detention--The implied - confession that penal servitude does not reform and the - insistence on it as a preliminary to reform--The prisoner - detained at the discretion of the prison officials--The - powers of the Secretary of State--The change under the - statute--The necessary ignorance of the Secretary of State - by reason of his other duties--The "committees"--The - habits to be taught--The teaching of trades--The ignorance - of trades on the part of those who design to teach them-- - The difficulty of teaching professions in institutions - less than that of teaching trades--The vice of obedience - taught--Intelligent co-operation and senseless - subordination--The military man in the industrial - community 284-303 - - CHAPTER VIII THE FAMILY AS MODEL - - The basis of the family not necessarily a blood tie-- - Adoption--The head and the centre of the family--The - feeling of joint responsibility--The black sheep-- - Companionship and sympathy necessities in life--Reform - only possible when these are found--"Conversion" only - temporary in default of force of new interests--The one - way in which reform is made permanent 304-310 - - CHAPTER IX ALTERNATIVES TO IMPRISONMENT - - What is required--The case of the minor offenders--The - incidence of fines--The prevention of drunkenness--Clubs-- - Probation of offenders--Its partial application--Defects - in its administration--The false position of the probation - officer--Guardians required--Case of young girl--The plea - of want of power--Old and destitute offenders--Prison and - poorhouse 311-328 - - CHAPTER X THE BETTER WAY - - The offender who has become reckless--If not killed they - must be kept--The failure of the institution--Boarding - out--At present they are boarded out on liberation, but - without supervision--Guardians may be found when they are - sought for--The result of boarding out children--The - insane boarded out--Unconditional liberation has failed-- - Conditional liberation with suitable provision has not - been tried--No system of dealing with men, but only a - method--No necessity for the formation of the habitual - offender--The one principle in penology 329-339 - - INDEX 343-348 - - - - -PART I - -THE STUDY OF THE CRIMINAL - - - - -THE CRIMINAL & THE COMMUNITY - - - - -CHAPTER I - -THE CRIMINAL AND THE CRIMINOLOGISTS - - Classification of criminals--The treatment of the criminal not a - medical but a social question--Technical differences between crimes - and offences--Changes in the law--Vice and crime--The beginner in - crime--Common characters of the "criminal class"--Atrocious crimes - exceptional--So-called scientific studies of the criminal--How figures - mislead--Composite photographs and averages--Estimate of character - from physical examination--Causal relationship to crime of these - characters. - - -People were never more anxious to reform their neighbours than they are in -our day. Everyone admits the widespread existence of misery, degradation, -and destitution; and many seem to think that the presence of these evils -is a modern phenomenon. Any man who has reached middle age and who has -lived and worked among the masses of the people knows better. The evils -are not new, but their widespread recognition is. - -For ages the few have been the governors of the many, and the governed -have neither had the means nor the ability to communicate with their -rulers and with one another. In our day the ends of the earth have been -brought together by the invention of the engineer, and the schoolmaster -has been abroad among the people. The writer reaches a larger contemporary -audience, and the message of the speaker is carried over a greater area -than was ever before possible. Whether this has been wholly an advantage -may be questioned; but there can be no doubt that things that were hidden -have been made manifest, and one result has been that laws and -institutions which our fathers accepted have been placed on their trial. - -Our system of dealing with criminals has not escaped criticism and has not -borne it well. Like all systems, it is based largely on the assumption -that men are, or ought to be, of one pattern. It is charged with failing -to reform those who come under its sway; but there is nothing to show that -it was designed for their reformation. - -Men are brought under it as a punishment; and their acts, not their -personality, are the cause of their imprisonment. - -Experience has shown that the military man who applies impartially a set -of rules to those who come under him has not been a success when placed in -charge of an institution for dealing with offenders. It is not that he is -less human than others, but that he is more rigid. Differences among those -placed in his charge have always been recognised; for instance, they could -not all be treated as though they were the same height, nor could it be -assumed that it was possible to secure uniformity amongst them in this -respect; but only the most obvious differences were regarded. Even -elementary classifications could not be left to the man whose duty it was -to administer rules, and so the doctor's aid was obtained in order to sort -out those who were physically unfit to do any but light work; those to -whom the diet was unsuited; and those who required to have special -privileges granted them lest the system killed them. It is sometimes much -easier to call in the doctor than to get rid of him; and largely on -account of his work it has been shown that all classifications hitherto -made have been inadequate. In the name of science he demands still further -classifications. - -Men can only be placed in classes because of certain qualities they have -in common. Every classification must neglect individual differences; and -as it is these that mark men off one from another, any system or method of -dealing with men will fail in so far as they are left out of account. The -treatment of the criminal is not a medical question. It is a social -question. - -A medical training is of more use to a man who is to study the subject -than a military training would be. It is important to be able to form a -rational opinion on the physical and mental capacity of a man; to know -whether he suffers from any disease which impairs his faculties and to be -able to direct treatment to the cure of that disease; but a considerable -degree of knowledge regarding these things may coexist with an amazing -amount of ignorance regarding the social conditions under which the person -examined has been brought up and formed. Give the medical man head and, so -far as he is merely a medical man, he will be a more expensive nuisance -than the military administrator. - -A great deal has been written about the study of the criminal, but any -such study is defective and can only be misleading in so far as it is not -a study of offenders in relation to their circumstances. "Criminal" is as -loose a term as "tradesman." It may mean anything, but so far as any real -study is concerned it usually means nothing of any importance except to -the printing and allied trades. When the character of the prisoner is -estimated by men whose writings show no knowledge of his outside life, and -is confined mainly to an enumeration of the selected physical, and -imagined mental, characters of men while in prison, no study of the -subject has been made that is worth any consideration, save for the -purpose of formulating a theory without taking the trouble of ascertaining -the important facts. - -The study of the criminal has mainly been based on observation and -examination of persons in prison; but in prison the criminal is not -himself. He whose obedience the law could not command, who kicked against -restraint, is now compelled to direct all his acts under authority. His -life has been arranged for him, and he might as well run his head against -the wall as refuse to obey. Everything is done with regularity and -quietness, and the monotony of it all oppresses him. His inclinations are -not consulted; his anger not regarded, except it transgress the rules. -Outside he may have a reputation for wit and sociability; in prison he has -no encouragement to show these qualities. Very likely he will talk freely -to any official person who is of an enquiring turn of mind; he may be glad -to have the chance; but he is on his guard, and will not communicate any -information that may get his friends into trouble and himself into bad -repute among them, unless he is going to gain a good deal by it; and not -always even then. He learns to take advantage of every opening that offers -any chance of increased comfort to himself, and he may readily make a -general confession of sin and promise of amendment if thereby he can gain -sympathy and obtain privileges. It is not surprising that he should behave -in this manner--the principle of making friends with the mammon of -unrighteousness is not unknown outside prison--but it is strange that -people who might be supposed to know the conditions in which he is placed -should talk as though the criminal were usually a stupid kind of person. - -Any person who offends against the penal laws of the community in which he -lives may be sent to prison; whether he be called an offender or a -criminal will depend on consideration of points that are technical. -Generally speaking, persons convicted of offences against the person or -against property are classed as criminals, while those who have -transgressed against public order--as in breaches of the peace, etc.--are -classed as offenders. "An Act for the more effectual Prevention of Crime" -(34 & 35 Victoria, cap. 112, sec. 20) defines the word "Crime" to mean "in -Scotland any of the Pleas of the Crown, any theft, which in respect of any -aggravation, or of the amount in value of the money, goods, or things -stolen may be punished with penal servitude, any forgery, and any uttering -base coin, or the possession of such coin with intent to utter the same." -The Pleas of the Crown are murder, robbery, rape, and wilful fire-raising. -Those who have been convicted of crime as defined by the section quoted -would properly be called criminals, but it is obvious that the name is -applied and is applicable to many who do not fall under the definition. In -practice the treatment of prisoners who have been convicted of offences is -the same as that of those who have been convicted of crimes, when the -sentence is one of imprisonment. The distinction between them is a -technical one. If he is to be judged by the act of which he has been -found guilty, the same person may at one time be called a criminal and at -another time an offender. - -As a matter of fact, it is very difficult to draw the line between crimes -and offences; and it is not uncommon to find that a man who has committed -a heinous crime is not so wicked a character as another who has never been -guilty of more than a petty offence. - -The largest number of persons in prison have been convicted of minor -transgressions and have been dealt with in the police courts. Many of -these offences do not differ in character from those which engage the -attention of the higher courts. Their gravity is estimated either by the -result of the act, or the bad record of the person committing it, or both -factors together. Thus if in the course of a quarrel one person should -strike another and bleed his face, the police magistrate will assess the -damage done to society; but if the blow break the injured person's nose, -the case will pass to the sheriff. If a man in a drunken "spree" lift a -pair of boots from a shop-door, the bailie will probably deal with him; -but if, drunk or sober, he has been in the habit of taking other people's -property, he may be sent to a higher court. - -The law differs in the same country at different times. It is the minimum -standard of conduct to which all members of the community are required to -conform, and, as public opinion changes, it undergoes alteration. Men who -in one generation have been executed as criminals have been honoured as -martyrs in the next, while acts which at one time have been regarded as -meritorious have at another time been severely punished. At no time will -an honourable man do all that the law permits him to do, for his standard -of conduct is higher than, and in advance of, the law. But a man may live -a thoroughly vicious life; he may lie, act dishonestly, be cruel and -vindictive--in short, break any or all of the ten commandments--and yet -keep within the law. - -The law differs in different parts of the same country at the same time, -and a man may find himself brought under its operation in one district for -doing something which is permissible in another. This is a result of the -special powers given to corporations, or is due to the adoption by one -local authority of permissive legislation which a neighbouring authority -has not adopted. It may be very puzzling to a stranger, but the principle -of allowing the more enlightened districts freedom to improve their -administration is at the back of it; whether they could not find a better -way of carrying out their purposes than by sending to prison those who -offend against them is another question altogether. - -Even under similar laws the administration may be different. The more laws -there are and the more rigid their administration, the greater will be the -number of offenders. - -All kinds of people break the law. In some social positions there is less -opportunity for doing so than in others, but the conditions in which many -are placed make it easier for them to offend against certain regulations -than to conform to them. - -All who are brought to prison for the first time are not first offenders. -In some cases they have had a long and successful career before being -apprehended, but even in these cases the physical and mental -characteristics that would mark them off from others among whom they have -been living are not apparent. A man's character and his characteristics -are the result of interaction between outside influences and inherent -faculties. He acquires habits of body and of mind, and they leave their -mark on him. - -Vice and crime are not the same thing, nor have they any necessary -relationship. Though generally the result of a vicious impulse or -intention, there is hardly a crime in the calendar that might not be -committed by a person acting from a higher moral standard than that set by -the law. On the other hand, a vicious person may indulge in almost any -vice and yet keep clear of the law; it all depends on how he does it. A -dishonest person, if he puts his hand in the pocket of another and -abstracts the contents, may be sent to prison; but if by appealing to the -cupidity of his neighbours he can get them to put their hands in their own -pockets and hand him over the proceeds in order that they may share in the -El Dorado he has invented, he robs them just as effectively and is not -sent to prison. He may become a pillar of society and a legislator. - -When people are sent to prison for the first time all that has been -determined is the fact that they have been guilty of breaking the law. -There is no justification for assuming that their characters are, on the -whole, worse than those of others. Some of them may have committed very -wicked crimes; but, except in a few cases, a thorough investigation of all -the attendant circumstances might modify any impressions derived from the -trial. Even the commission of a fiendish act is not incompatible with a -disposition that is usually and mainly good. We do not in practice assume -that a man is a bad man because he has done a bad thing, any more than we -credit him with being a good man because he has done a good thing. When -the evil he has done has taken a criminal form we are as little entitled -to judge the man by the act we condemn. - -The fact that a person is in prison hinders any attempt to study him. The -investigator begins with a prejudice against him because of the crime he -has committed. Yet it is the most common thing to hear people who have -known a prisoner intimately for years say that they could not have -believed he would do the thing he has done. These people are quite as fit -to judge character as those who are called scientific investigators, and -they have better opportunities for doing so. They have not seen the -weakness of their friends in the form it has taken. The investigator -usually sees nothing else. - -If those who come to prison for the first time were made the subject of -examination, it would be found that they are principally remarkable for -the absence of what the books call criminal characteristics. - -Prisoners differ as much from one another as people who are law-abiding. -No two are alike even among those who have committed similar offences; and -those who enter prison for the first time are not distinguishable in -appearance from members of the same social class who have not transgressed -the law. That they may develop certain common characteristics as a result -of their way of living is true; and there is a criminal class in the same -sense as there is a professional class or an artisan class. The criminal -is born and made just as the policeman is born and made. See him early in -his career and it is impossible to tell what he is, but when he has -undergone his training it may be expected to leave its mark on him which -those who know may read with more or less success. - -These common characters in the criminal have been laboriously sought for -and recorded; measurements have been made and tables compiled; ratios have -been calculated to decimals, and an appearance of scientific precision -has been given to the study of the criminal which has led many to the -assumption that the writers must know more about the offender than they -themselves do. Yet there are few men or women of mature years who have not -known with some degree of intimacy at least one person who has sunk into -the mire of vice and it may be of crime; and one such case thoroughly -known is a better basis for study of the subject than any amount of -tables. - -It may be of importance to compare the peculiarities of habitual -offenders, but it is of greater use to learn how they acquired them. As -for the habitual himself, he is not really the problem. His life is seldom -a long one, and even if nothing other than is at present were done to, or -for, him, he would die out in a generation. I do not say that the question -of what we should do with our habituals is not important, but of much more -importance is the devising of means for preventing the wrongdoer from -acquiring the habit and joining their ranks. A study of confirmed -criminals may be interesting pathology, but it is the study of the -beginner in crime that will prevent the formation of the criminal class, -in so far as it affords means for enabling us to deal sanely with them. - -When an atrocious crime is perpetrated there is intense public interest -shown in the criminal. He is examined in a distorted mirror and his parts -are magnified. The more extraordinary he is, the more monstrous he -appears, the greater the sensation. Yet the ordinary men and the ordinary -offences are at once the more common and the more important. Here and -there a person may be born with such a crooked disposition that it is -difficult to see how he could go straight; just as occasionally one of -great wisdom enters the world, or a child with more than the usual number -of heads or limbs; but the occurrence is quite exceptional, and it is -never profitable to generalise from it. - -We have been reproached in this country with failure to make a scientific -study of the criminal; and the works of foreign writers have been -translated for our example and emulation. They contain a certain amount of -information, but its value is not apparent. The importance of a book is -not to be measured by the difficulty of understanding it. Big and strange -words may as easily mask an absence of useful knowledge as convey a -fruitful idea, and the man who has anything of importance to say regarding -his neighbour--even though that neighbour is a criminal--does not require -a pseudo-scientific jargon in which to say it. The criminal is a man or a -woman like the rest of us, and information about his head or his heels, -while it may have a special value in relation to his case, should not be -confounded with knowledge of himself. He is something more than a brain or -a stomach. - -Either the so-called criminal characters are the cause of the man's -wrongdoing, the result of it, or have nothing to do with the matter. If -they are the cause of the criminal act, how is it that they are admittedly -present in others who are not criminals? It would certainly simplify the -work of the police if they knew that they could with any degree of safety -look for the perpetrator of certain kinds of crime among men with heads of -a given shape; but anyone who glances at the illustrated papers will see -for himself as many villainous-looking faces among notable people, even -among able people, as he will find in a prison. Our forefathers had a rule -that when two persons were charged with the same crime and there was a -doubt which of them was guilty, the uglier should be condemned. It is not -stated whether the officials and governing classes were at that time -chosen for their good looks. Fortunately the practice has long since -lapsed. - -Unless a peculiarity is shown to have a causal relationship to crime its -mere existence proves nothing except the fact that it is there. That in -some cases physical defects do cause those who suffer from them to make -war on society, is undoubtedly the case; but it is very far indeed from -being the rule. - -There are many people who are prepared to regard a book as learned if it -is sufficiently scrappy and contains figures arranged in a tabular form. -Yet figures when they deal with other than very simple things are almost -invariably misleading; and the more so as they have such an appearance of -exactness. It is easy for any two people to count the number of men in a -room and to agree as to the result; but ask them to say how many tall men, -how many with black hair, how many blue-eyed, how many straight-nosed--and -you will get a different result each time. The figures will be exact--they -cannot be otherwise--but your knowledge will be the reverse. If this is -apparent in such a simple matter as the recording of physical characters, -how much more apparent it is when an attempt is made to classify and -generalise on men. Most books admit that there are not sufficient data on -which to base conclusions, and then proceed to suggest conclusions. The -whole science of criminology is illustrated by the composite photographs -published gravely as contributions; for a composite is a photograph of -nobody at all. It is obtained by the superposition of photographs of -different persons, and is itself different from any of them. It may -represent them all as they ought to be, but it does not represent any of -them as he is. It is the criminal in the abstract--who does not exist. It -conveys in itself a warning against averages, for it is a pictorial -presentment of an average. - -An average is the mean of different numbers. In dealing with masses of -people--feeding them, for instance--by providing a certain average supply -for each, all may be satisfied; but whenever the average is applied to -individuals it is misapplied, and one finds he has too much, another that -he has too little. Measure two men; one is 5 ft. 8 in., the other 5 ft. 4 -in.; the average height of both is 5 ft. 6 in., which is the height of -neither. So when we have averages of height, weight, etc., given in the -case of criminals, we know that we have been told nothing about any of -them. The other physical characters of criminals in prison have been noted -without any attempt having been made to ascertain whether, and if so when -and how, they were acquired, and we are invited to contemplate a number of -twisted and bloated faces, many of which could easily be matched among the -non-criminals. See these men and women before debauchery has left its mark -on them and they are no uglier than some of us who are set over them. - -As for the assessment of the mental characters of prisoners, the value of -it will largely depend on the ability of the examiner to place himself in -touch with them. Few people believe nowadays that by feeling the knobs on -the outside of a man's head you can tell the faculties within, far less -whether these faculties will be used for good or ill; and we are not -likely to advance the study of the criminal by founding conclusions on the -measurements of his head, facial angle, etc. The new phrenology differs -from the old in respect that it changes its terms and insists on more -exactness of measurement. Like the old, it may be fairly successful in -judging men after they have shown their qualities. - -No one has yet discovered a reliable means of estimating the nature, -quality, and amount of a man's mental powers from his appearance. We may -learn what he says or does, but we can never be sure what he thinks. In -practice we are all continually forming estimates of those we meet. Some -judge by the clothes, some by the expression, most of us not knowing how. -So far as our impressions are concerned, however we think they have been -arrived at, we all make mistakes and have all to revise our opinions. The -man who prides himself on his ability to read character is usually the man -who makes the most mistakes; his confidence misleads his judgment. Even -the shrewdest are occasionally deceived after many and varied -opportunities of arriving at a correct estimate of their friends or -enemies, yet for his own purposes each man's judgment may be, in the main, -satisfactory and no one troubles about his neighbour's methods; but when -they are erected into a science it is time to protest. - -The size and shape of the head, its malformations and asymmetry, may be -measured with a fair amount of success. This and more has been done with a -view to the future identification of individuals; but the theory -underlying the practice of taking such measurements is that no two -criminals are alike. The theory the criminologists seek to establish is -that they are all very much alike. It is stated that so many men who have -committed crimes have heads of a certain conformation, have peculiarities -in the character of their skulls. If these physical deviations have a -causal relation to their conduct, since the heads cannot be altered the -criminals are therefore outwith reform. The Church-people, on the other -hand, hold that all wrongdoing springs from "the heart"--not meaning -thereby the physical organ so called. You cannot give a man a new head -free from the objectionable shape; but men have developed a new spirit, -and from being bad have become good citizens without undergoing any -physical alteration; so that after all it would appear that "The heart -aye's, the part aye, That makes us right or wrong." - - - - -CHAPTER II - -HEREDITY AND CRIME - - Does heredity account for one quality more than another?-- - Impossibility of forecasting the conduct of others--Do criminals breed - criminals?--The fit and the unfit--Unequal endowments--Ability and - position--Inherited faculties and social pressure--Crime the result of - wrongly directed powers--Original sin and heredity--Heredity behind - everything. - - -In the effort to assign a general cause for criminality an undue emphasis -may easily be placed on any one factor. There are those who seem to think -that heredity is the main cause, but they rarely attempt to define the -content of the term. In a sense heredity is the cause of everything, but -in that case it cannot be held to be the cause of one thing more than of -another. Suppose a man becomes insane at the age of thirty and it is shown -that a number of his relatives, direct and collateral, have also been -insane. If heredity accounts for his insanity what will account for his -sanity? Such a man under treatment may recover, but sane or insane his -heredity is not altered. The fact is that we none of us know enough -regarding the qualities of our ancestors to be justified in imputing our -inheritance of any special tendency to any particular one of them, and -every successive generation implies a mixing, if not a blending, of very -complex and sometimes opposing qualities. - -If a man knows anything about anybody in this world surely it is about -himself. His knowledge is incomplete, but it is more full and varied than -his knowledge of any other body. He may be expected to know something -about the qualities and faculties of his wife. Yet all he knows of himself -and her, added to all he knows of the laws of heredity, does not enable -him to forecast with any degree of accuracy the faculties and tendencies -of his infant child, or to trace these back when they have developed. - -In the case of criminals born and brought up in hotbeds of vice it is even -more hopeless to trace back family history, because there is often in -their case a grave uncertainty as to the personality of the male parent. -To say that as wolves breed wolves criminals breed criminals is nonsense -and mischievous nonsense. As canaries breed canaries do poets breed poets? - -Criminals are men and women who have gone wrong; not necessarily because -of the possession of certain powers which they have inherited, but because -these powers have been used in a wrong direction. They come from all -classes; and there is nothing to show that if their children were taken -from them early in life and brought up in favourable surroundings they -would take to crime; but there is an abundance of evidence on the other -side. - -There is a good deal of discussion nowadays regarding the fit and the -unfit among us, and a tendency to forget that a classification of our -fellow-citizens under one head or the other can only be made if we regard -the terms as relative to the conditions under which they live. That very -many prove their fitness to survive the continuous strain of economic -pressure, can as little be questioned as that others sink under the -ordeal. No one will deny that there is a good deal of unfitness shown by -persons in a comfortable position economically; and if some of the -Apostles of Fitness had any sense of humour they would hold their tongues -and hide themselves, for neither intellectually nor physically do they -show much claim to present an ideal standard. - -Nobody denies that men are unequally endowed. Some have a powerful -physique; others have greater intellectual power. The usefulness of their -endowment to themselves and to others will largely depend on the position -in which they are placed. Put them to work unsuited for them, or place -them in positions where their faculties are not allowed free play, and -they may do very badly. The difficulty is to get the right man in the -right place. When he is in the wrong place he may be a nuisance to himself -and others; but it does not follow that placed in another position he -would not be a useful member of society. - -An attempt has been made to show that certain faculties are inherited and -transmitted in certain families; but it is conveniently assumed that -position is of no importance. Everybody knows that, in the professions -chosen to illustrate the theory, promotion is not wholly dependent on -ability. That a father and son have both been judges offers no presumption -of special fitness on the part of the son. That high military rank has -been held by several members of the same family need not prove any of them -to be great soldiers; that the government of the State is now in the hands -of one family and now in the hands of another does not show anything more -than that these families have been in a position to secure the offices. It -would be a new and startling doctrine to assert that the man who is best -fitted for a position always obtained it. Everybody knows that the main -consideration in determining an appointment is whether a man has -influence enough to get it; and that influence need not depend on his -personal ability, but on his position in relation to those in whose gift -the appointment lies. Granted equal ability in two men, let one of them -start with family or social influence and the other with none, and there -can be no doubt as to what will happen. That an able man will obtain -influence in time is highly probable, but by the time he has gained -recognition he is likely to be too old to benefit much by it. The stupid -man who has a clever father has a better chance than the clever man whose -father has shown no special ability. - -It is a very difficult thing for any man to learn the history of his -family. In the case of the eminent you get no two biographies that are -alike. An enquiry would show that this is equally true in the case of -those who are not eminent. A man may have one reputation inside his family -circle and quite a different reputation outside. We are all influenced in -our conduct towards others by our opinions regarding them. A man who has -pride in his ancestry will show it in his actions. There may be nothing to -be proud about, but that will not prevent him playing his part. On the -other hand, if he believes he has been disgraced by something that has -been done by some member of the family, his conduct is likely to suffer -from the belief. I have seen a woman whose brother was executed for murder -sink under the disgrace into a condition of recklessness verging on -insanity; and it is a matter of common observation that in some degree men -have been broken in spirit by the shame brought upon them through the -action of their relatives. It is impossible to discriminate between the -part played by inherited tendencies and social pressure, in the production -of certain acts. - -Crime is not the result of inherited faculty, but of the direction in -which that faculty is exercised. There are some families where the parents -have been criminals and the sons have all done well; while the daughters -have followed in the footsteps of their parents. In these cases it is -probable that the determining factor has been the influence of the mother. -Her criminal acts and methods were more susceptible of imitation on the -part of the daughters than on the part of the sons, and the girls, even -though they had been willing to leave the house, would have had to face -life outside under greater difficulties than the boys. - -The practice of singling out heredity as the cause of certain things to -the exclusion of others has no sanction in experience. Our forefathers -recognised that all men showed imperfections. They saw that one man was -given to envy; another to lust; another to covetousness; another to wrath; -and so on through all the deadly sins. They attributed these defects to -our heritage of Original Sin. The theologian has been displaced by the -scientific man, and if heredity is a newer name for our ignorance it does -not fit the facts any better. - -We inherit all the faculties and powers which we possess, but what they -are only the event shows. Nothing can be taken out of a man but what is in -him, but there may be a good deal in him which is never taken out. We may -develop certain faculties, but not unless they are first present; and the -stimulus that they obey at one period in our lives may fail at another. We -may estimate the capabilities of a man who is dead from observation of -what he has done, but we cannot say that he might not have done better or -worse had his life been prolonged. In the case of great men this is -recognised, and we have laments over their early death and speculations -as to what they might have done, or regrets that they lived too long for -their fair fame. It is the same in the case of small men as of great. - -Heredity is behind everything; not merely behind some things. If it -explains a man's disease, in the same sense it must also explain his -antecedent health. It cannot account for one part of his life more than -another. Even those who attribute disease or misconduct to heredity seek -to cure the diseased person and to correct his bad habits. Any success -with which they meet is not obtained by altering his heredity, but by -changing the conditions under which he has been living in such a way and -to such an extent that he reacts favourably to the change. We are not -warranted in saying of anybody that he is doomed by heredity to a life of -vice or of crime. The conditions that suit one person may not be suitable -to the healthy development of another, and the problem with regard to -those who transgress our laws is to ascertain under what conditions they -would behave best and place them there. Though their family history may be -of the blackest; though their ancestors may have been vicious, it by no -means follows that it is impossible for them to be otherwise. When a man -has done wrong it does not help him to be informed that he cannot do -better. He is often more than willing to transfer the blame to the -shoulders of others. It is more profitable to teach and help him to do -well than to encourage him to curse his grandfather. - -There is only one way of finding out why people commit crimes and that is -by making a patient enquiry in each case. The causes in many cases may be -similar, but the part they play may be different. - - - - -CHAPTER III - -INSANITY AND CRIME - - Insanity and responsibility--Removal of the insane from prison--Crime - resulting from insanity--Case of theft--Of embezzlement--Of - fire-raising--Insanity and murder charges--The result of an act not a - guide to the nature of the act--Observation of prisoners charged with - certain offences--Insanity as a result of misconduct--Cases--The - mentally defective--Cases. - - -There seems to be a widespread opinion that all criminals and offenders -are more or less insane, but those who hold it have nothing to say in -support of their view save that they cannot understand how certain crimes -could be committed by any sane person. This is to beg the whole question, -which is, how many persons who are charged with committing offences are -found on examination to be unsound mentally? - -Insanity has never been satisfactorily defined, but it is a term which in -the legal sense connotes irresponsibility. Yet if all insane persons had -no sense of responsibility it is difficult to imagine how they could be -suffered to live. Even in lunatic asylums the great majority of the -inmates can be induced to behave in such a way as to make it unnecessary -to tie them up. They have a very large amount of liberty conceded to them -without serious inconvenience to their neighbours and greatly to their own -advantage. If they simply did what any stray notion impelled them to do -this would not be possible. Their affliction frees them from -responsibility to the law for their actions; but in practice they have to -show by their conduct that they can and will obey the rules of the -institution in which they are placed before it is safe or reasonable to -let them go freely about in it. The physician does not demand from them -better conduct than their mental condition warrants him in expecting; but -they learn, in so far as they are capable of learning, that their own -actions will determine the degree to which they will be free from -interference, and that the necessary result of misconduct will be -increased restraint. Only in so far as they show a sense of responsibility -is it safe to allow them to be free from supervision. A person may suffer -from such a degree of mental unsoundness as will free him from -responsibility for his actions in the eyes of the law, and yet be able to -conform to the rules laid down for the guidance of his life by an asylum -superintendent. - -A very small proportion of prisoners are persons of unsound mind, and in -most cases the mental unsoundness is the result of their own misconduct. -In Scotland there is no difficulty in freeing insane persons from prison. -By section 6 of the Criminal and Dangerous Lunatics (Scotland) Amendment -Act, 1871, it is provided that "When in relation to any person confined in -a local prison in terms of the Prisons (Scotland) Administration Act, -1860, it is certified on soul and conscience by two medical persons that -they have visited and examined such prisoner, and that in their opinion he -is insane, it shall be lawful for the sheriff, on summary application at -the instance of the administrators of such Prison, by a warrant under his -hand, to order such prisoner to be removed to a lunatic asylum." The -matter practically rests with the prison surgeon, for the prison -commissioners on his report never raise any objection to the transfer of a -convicted prisoner who is found to be insane. Yet the same persons return -again and yet again. - -The warrant for detention in an asylum expires with the period of the -sentence of imprisonment, and the asylum authorities must obtain new -certificates before they can continue to keep the patient. When the degree -and kind of mental unsoundness is very marked there is no difficulty in -getting the necessary documents; but when the patient has been benefited -to the extent of being able to behave and speak no worse than many of his -fellow-criminals, it is different. He is sent for examination to a man who -is not acquainted with him. The doctor has to state facts observed by -himself as a ground for certification; quite properly he is not permitted -to ensure the detention of anybody on evidence that is second-hand. The -patient is quiet and on his guard, and his examiner can make nothing of -him. Accordingly he goes back to his haunts and his vices, impatient of -restraint, and is soon in the hands of the police again. Clearly there is -need of some modification in the law or its administration to permit of -such persons being dealt with. - -Insane offenders may be divided into two classes: those whose wrongdoing -is the result of their insanity; and those who have been sound enough to -begin with, but who have become insane, just as they have contracted -physical diseases, as a result of vicious indulgence and its treatment. Of -the first-named class there may be one in about a thousand admissions. The -crimes charged are of all kinds and degrees of gravity, as the following -examples will show:-- - -X 1.--A man is brought to prison for the first time charged with a series -of petty thefts committed while under the influence of drink. He shows -signs of alcoholism, and is too dazed to give any account of himself. In a -day or two the alcoholic symptoms have passed off and his general -condition suggests enquiry. He has signs of mental disease which cannot -now be confused with drink. It is found that, until a year before, he had -been in business in an industrial town; that he had been a reputable -citizen, quiet, peaceable, and abstemious in his habits; that he began to -take to drink, and sold off his business, which realised several thousand -pounds; and that he had since been lost to the knowledge of his friends. -What happened in the interval I do not know. He was taken in charge by the -police for stealing glasses from a public-house, weights from a -shop-counter, and such-like things, which were certainly of no use to him -and which he could not sell. The charge was dropped and he was sent to a -lunatic asylum. - -X 2.--A young man is imprisoned on a charge of fire-raising. He is brisk, -talkative, and cheerful, and laughs at the charge as ridiculous. Beyond -showing a high appreciation of his own qualities he does not do or say -anything to attract attention, and as he is really "bright" his conceit -only provokes a smile. He has no physical symptoms of brain disease, and -it is not suggested on his behalf that he is mentally unsound. A decent -workman who was interested in him called to say how well-behaved he had -always been, and to ascertain what ought to be done by way of assisting -his defence; and some things he said suggested the need for special -enquiry. It was found that prisoner had always been energetic and bright -at his work, and that he had good reason for boasting of his skill. His -fellow-workers admitted that, though they disapproved of his bounce. He -had been a teetotaler all his life and was a prominent member of a -militant temperance society. He was very industrious and thrifty. He -married a quiet, reputable girl who shared his opinions and ideals. He had -saved some money and he suddenly made up his mind to start in business for -himself. His wife did not approve of his doing so, as she did not like the -risk and was quite content to go on in their accustomed ways. He -persisted, and she yielded the point, but only when she saw her opposition -was causing domestic strife. He rented a small workshop and furnished it. -He got as much work as he could undertake--not a great amount--but before -he had time to see how his venture would prosper, he conceived the idea of -removing to a larger house. His wife was unable to see how he could safely -do this, as she did not think he had money sufficient to justify such a -course. Her opposition only made him more insistent, and on one occasion -he lost his temper so completely that she became alarmed. He threatened to -kill her, and looked as though he meant it. When she spoke to him about -this afterwards, he apologised and laughed it off; and as he had always -been a most affectionate and dutiful husband she dropped the subject. -Things went on as before till one day there was a fire in his workshop. It -was not got under till some damage was done, and it might have resulted in -serious loss of life and property, as there were dwelling-houses -adjoining. It was quite obviously the work of an incendiary, and he was -arrested on a charge of fire-raising, as he could give no satisfactory -account of his movements. On closer investigation it became quite apparent -that he was a person of unsound mind. Little things that had passed as -peculiarities, receiving only a passing comment, when dovetailed into the -story as I have related it left no room for doubt. The charge was dropped, -he was sent to an asylum, and there he died two years later from general -paralysis of the insane. - -In his case his fellow-workmen, seeing him from day to day, failed to -observe more than a slight accentuation of the qualities they had been -accustomed to see in him. He talked a lot about what he could do; he -always did that. He offered to make certain articles for a man better than -any other could; very likely he was able. He started business on an -altogether inadequate capital; others have done the same thing. He wanted -to set up in a higher style of living; he was always ambitious--and so on. -Until he set fire to his workshop they had never known him do anything -inconsistent with his character, and while they laughed at his boasting -they did not doubt his sanity. It was the same with his wife. She -distrusted his judgment but did not doubt his sanity. His sudden murderous -threat she put down to his temper. His temper she attributed to his want -of sleep; for she admitted that he got up at night, and worked or moved -about. On one occasion, she confessed, he had proposed that he should cut -her throat and his own. He was quite quiet at the time and she thought it -an ugly kind of joke, as he woke her to make the proposal; but she -explained it to herself on the ground of overwork and sleeplessness. Those -who are coming most in contact with persons afflicted like this man are -the last to see the significance of the changes taking place before them, -because the transition is so gradual. This is true of people in all social -classes. - -X 3 was a professional man in a very good line of business. Late in life -he was arrested on a charge of embezzling large sums of money. When I saw -him first he had a paralysis of the muscles of one hand, which was -withered in consequence; and he could not articulate owing to paralysis of -the muscles of the mechanism of speech. He put or answered questions in -writing. Enquiry showed that for many years he had been much respected and -trusted. He had amassed a considerable fortune, and had been upright and -honest in his dealings with others. He lived in the country and kept up a -large establishment. His business was one which dealt in large sums of -money. Some years before his arrest he married for the second time, and -there was trouble between his second wife and his family by her -predecessor. He had always been an open-handed man, but latterly his -public gifts had excited comment by their number and character. His mental -condition, however, was never suspected by his family. They assumed his -ability to afford anything he chose to buy. His wife left him as a result -of his conduct to her and in doubt as to his sanity, but these doubts were -not shared by his family. She said he had become capricious and sometimes -cruel to her, and quite different from his ordinary self. He would -sometimes bring in parcels of costly jewellery for which there was no -need. In the end she became frightened to stay with him; but though she -feared he might injure her, as he seemed to have taken a dislike to her, -she never suspected that he was frittering away his substance. When the -crash came it was found that he had within a short period thrown away tens -of thousands of his own, and as much belonging to others who had trusted -him. He had bought and sold property in a reckless way and without any -authority to do so, his reputation enabling him to do things which in -another would have been questioned. He was sent to an asylum. In his case -the paralysis from which he suffered, gradual as it was in its onset, had -attracted attention to itself and had actually masked the mental condition -which accompanied or followed it. - -There are some crimes which in themselves shock us to such an extent that -we find it difficult to believe that any sane man would commit them. In a -book such as this I can only refer to certain sexual offences without -discussing them, but even in these cases the crime need not infer -insanity. We are no more justified in saying that a man is mad if he does -a mad-like thing than in calling him wise if he does a wise-like thing. A -man's criminal acts are only to be judged in relation to his other conduct -if we would form a rational opinion as to his mental condition; and that -again has to be considered in relation to the social condition in which he -is placed before anything approaching a fair opinion as to its adequacy -can be formed. - -If a man's criminal act were to be taken as sufficient to infer his -insanity there are certain crimes for which we should never have anybody -tried. Every murderer would straightway be sent to a lunatic asylum on the -plea that he must have been mad or he would not have done it; and yet that -is precisely one of the most important points that have to be examined in -the course of a trial for murder in Scotland. - -Murder is practically the only crime for which the death sentence is -passed. Scottish jurymen have shown a strong repugnance to be parties to -the death of a criminal. They may favour capital punishment in theory, -but, no matter how bad he may be, they shrink from handing a culprit over -to the hangman; and they will seize any opportunity to escape from doing -so if it is given them. They may be told they have nothing to do with -results; that their duty is to find a verdict on the evidence; but they -might as well be told to pull the bolt. They know what will happen. They -do not seem to believe that they are not responsible for the necessary -consequence of their acts, and in spite of the assurance of the law the -verdict is a worry to them. Few homicides are hanged in Scotland, and -there are few verdicts of murder, mainly for this reason. If the death -penalty were abolished--if it were even made only a possible -penalty--brutal murders would have a chance of being called by that name -and not by "Culpable Homicide." - -For a time it was almost a matter of routine to set up a defence of -insanity in murder cases where the facts could not be seriously contested. -Now in most assaults there is an element of accident. The assailant is in -a state of rage and hits out wildly. The blow that will kill one man may -only stun another. Blows inflicted on one part of the body may cause -little more than inconvenience, but if the same amount of violence be -applied to another part death may result. I have known cases where as a -result of assault the victim seemed to have sustained injuries sufficient -to kill him, even though he had the nine lives sometimes attributed to a -cat, and yet he recovered--maimed and permanently unfitted to support -himself. That was not murder; in some respects it was worse; but there was -no attempt to prove the assailant insane. If death had ended the suffering -of the victim there would have been a plea of insanity set up. The -determining factor in the plea was thus the physical condition of the -assailed, not the mental condition of the assailant. - -In Glasgow special care is taken in all cases of murder to enquire into -the mental condition of the accused. From the time he is admitted to -prison he is placed under observation with this purpose in view, and any -evidence bearing on the subject is carefully examined. His conduct in -prison may be perfectly sane, but if there is any reason to believe that, -when at liberty, he showed signs of insanity, the medical officer -personally makes an investigation and reports. The prisoner may be -penniless, but he suffers no prejudice thereby, as the work is undertaken -at the expense of the Crown; and at the trial the necessary witnesses are -usually produced on his behalf if the reports show that he is insane. This -is true in other than murder cases to this extent, that the procurator -fiscal informs the prison authorities of any allegation as to the -prisoner's mental condition and asks for a report. He also puts before the -judge any statement by the prison doctor as to the health of a prisoner -mental or physical, even although the report may not have been asked for. - -Insanity may be a result as well as a cause of misconduct. A life of -alternate indulgence and repression tends to unsoundness of mind; and I -have seen men and women, who when first they fell into criminal courses -were free from any suspicion of insanity, gradually degenerate and become -insane. When the kind of life they lead is considered the wonder is that -so many of them do not become mad. - -X 4 was a girl of the labouring class. She was handsome and of a fine -figure. Good-tempered and of an easy disposition, she was rather indolent; -and as she was not trained in any very strong regard for morality and had -plenty of admirers, she soon gave up working and took to the less -restricted life of the town. She got into the hands of the police and was -sent to prison, where her behaviour was beyond reproach. She did the work -required of her and was always even-tempered and orderly. She took to -drinking rather heavily, and during one imprisonment had a bad attack of -delirium tremens, from which she recovered only to fall into a condition -of dementia which remains and, though it has become less marked, leaves -her unfit to take care of herself. Her insanity is the direct result of -her excesses. - -X 5 got into bad company and was encouraged rather than corrected by her -mother, who found her profit in her daughter's misdeeds. She left her work -but did not take heavily to drink, and by and by came to prison charged -with theft. She contracted disease in the course of her misconduct and -began to take fits. She gradually became worse, as she gave herself no -chance of recovery and neglected treatment when at liberty. She was in -prison for short periods during two years and finally became insane and -died. When first I saw her she was free from any mental or physical -infirmity. Her disease and death were the direct result of her way of -living. - -X 6 had always been a wild and uncontrollable lad. He entered the army and -was soon found to be one of the bad bargains. He was ultimately -discharged. He got into a lawless set in Glasgow and picked up a living, -sometimes honestly, sometimes otherwise. He suffered imprisonment on -several occasions and was always a troublesome man to deal with. Gradually -he showed delusions of suspicion and had attacks of violence; and finally -he had to be dealt with as a criminal lunatic. In his case there was from -the beginning a condition of mental instability, which showed itself in -his restlessness and impatience of restraint. It unfitted him for a -soldier's life, and the discipline incident thereto was much more likely -to aggravate than to remedy his condition. Having no friends capable of -directing him, he flew to excesses and was punished for the crimes in -which he took part. Than life in prison there could be nothing imagined -that would be worse for him; and the monotony of it and the quiet would -tend to develop the delusions which afterwards dominated his mind, and -influenced his conduct to such an extent that under their influence he -committed assaults and proved himself to be a dangerous lunatic. His case -is different from the last two in respect that the very means adopted to -deal with his excesses were largely the cause of his final insanity. - -Short of cases of certifiable insanity there are a number of prisoners who -are mentally defective. The total is small, but the individuals command an -amount of attention, and cause an amount of trouble to the public, out of -all proportion to their numbers. In some cases the defect consists of -delayed development; the body and the passions have grown at a greater -rate than the mental powers, but time and training would be likely to -establish an equilibrium. - -In other cases there seems to be something wanting in their mental -outfit--they "have a want," as it is put colloquially and expressively. -Many of them are capable of behaving themselves when under the guidance of -well-disposed persons; and more may be found about religious meetings than -in prison. They have come under the influence of the Churches and have -benefited thereby, and it is largely because no such healthy influence has -been obtained over those others that they are in prison. They are usually -quite tractable and pay obedience to stronger-minded persons. When these -are law-abiding they cause no trouble, but when the influence is evil it -is otherwise. - -Mental powers that may be sufficient to enable a man to work and live in -conformity with the law in one social position may be quite inadequate to -enable him to support himself in another. There are men holding positions -and discharging the duties required of them to the satisfaction of their -employers, who would sink to a very low level if cast adrift. Any fixed -standard of mental capacity is irrational, since it leaves out of account -the conditions under which the person examined has to live. The question -is: Is the person by reason of mental defect unable to bear the stress of -life under the social conditions in which he is placed? Is he fit to take -care of himself and abstain from offending against the laws? - -Whatever may be the view of lawyers on the matter, no business man expects -the same conduct from a boy as from a man; nor will he trust a young man -to the same extent as an old man. The younger man may possess more -knowledge, but there is a difference between knowledge and experience, and -a man may know right from wrong without having the experience of life that -enables him to discount his passions and follow his knowledge. A person -who is mentally defective, and who has the additional misfortune to be -born into a family of poor people and brought up in a slum, if he -transgress the law can only be dealt with as though he were as fully -endowed as his neighbours. If he is not mentally unsound to such a degree -as to justify his certification as insane, there is only the prison for -him; with the prospect of hardships on liberation and imprisonment when he -offends, till he is sufficiently mad, or his record and his condition -combined are bad enough, to enable him to be placed under the treatment -he ought to have received from the first. - -This is not necessarily the fault of those who administer the laws. The -police are not justified in permitting offences to be committed; and -whether the person who offends is sane or mentally defective it is their -duty to arrest him. The medical men who may see him can only certify if -they find him insane from their examination of him. Even if he is sent to -an asylum the medical superintendent cannot detain him if his condition -improves so far that he behaves sanely there; and out he goes to the old -struggle that he is quite unfit to face, with no one to help him or to -exercise authority over him when he has a wayward turn. - -X 7 is congenitally mentally defective, and he has been neglected. He has -a stutter which makes it more difficult for him than for others equally -weak-minded to get in touch with those around him and, asking questions, -to learn. When he does make himself understood he has nothing of any great -interest to say, and he is bound to find in the impatience of the ordinary -man a barrier when he tries to speak. He cannot get work and there is not -much he could do. He haunts outhouses at night for shelter and is arrested -for trespassing in doing so. He is in a filthy condition and is a nuisance -and an offence to those with whom he comes in contact. He is sent to -prison for committing an offence which he cannot avoid committing and -which is the direct result of the destitution incident on his mental -defect and friendlessness. - -X 8 is a quiet, peaceable, and rather attractive young woman. She was -married to a respectable young man with a small wage. She behaved very -well and seemed to be managing their home in a satisfactory manner, but -to his surprise and horror she was one day arrested, and was afterwards -convicted, for obtaining goods under false pretences. She had been unable -to make her income serve for the support of the household, although she -was not extravagant, and she had played up to her appearance and got -certain articles by a story that was fraudulent. Had she appealed to his -friends she would have been assisted, but she took the other course from -sheer mental incapacity to deal with her situation. Her case was -thoroughly investigated while she was in prison and arrangements were made -for directing her on her liberation. She is quite tractable, has no vices, -is anxious to do well, but is not fit to bear unaided the responsibilities -of her position. The Church to which she belongs has constituted itself -her guardian now that her condition has been shown; and she is not likely -to transgress so long as interest in her is sustained, nor to cost much in -money to those who are looking after her. - -X 9 is a lad who has got out of parental control and seeks adventures. He -answers questions intelligently, if somewhat insolently, and so far as a -merely professional examination would show is not defective mentally. He -is to all appearance simply a bad boy. Observation of his conduct in -prison and enquiry outside, show the mental defect behind it. He has -recurrent outbursts of temper without apparent cause, and while showing no -sign of confused intelligence, he proceeds to smash things. He has been in -prison for malicious mischief and for offences against decency as well as -for theft. He is not given to drink, but is beginning to indulge when he -can get a chance. He works intermittently, but cannot stay at anything for -more than a short period. He was charged with housebreaking, but on a -report from prison as to his mental condition he was certified as insane -and was kept in an asylum for about a year. He had improved so much in -conduct that he was discharged, but the medical superintendent expressed -the opinion that left to himself he would probably break back; and he did; -resuming his old practices within a short period of his liberation. He can -do well enough under proper conditions, but is unfit to look after -himself. - -X 10 is a young woman who is strongly built and of a pleasant manner and -appearance. She has been a domestic servant, but falling into bad company -has given up work. At first she only appeared to be "soft" a little, but -drink and excess have contributed to cause or to show--for in her case it -is difficult to say which--mental deficiency. She is quiet and -well-behaved in prison, and is of fair intelligence, but on liberation she -resorts to the lowest haunts and indulges in such excesses that when -brought back to prison she is in terror of death, she feels so ill. She -was induced to place herself under control for a time, and she did well, -working hard and cheerfully; but she returned to the city and resumed her -old courses. All who know her recognise that she "has a want," but the -defect is so slight that there is no possibility of having her dealt with -for it, as the laws at present only enable her to be punished for its -results. Unless her excesses produce some marked degeneration--and, as she -is reported to be having "fits" occasionally, that seems probable--all -that can be done for her is to arrest and imprison her when she offends. -When she is a wreck she will receive the kind of treatment and the -guardianship that might save her were it possible to give it now. - -Just as some prisoners become insane as a result of their criminal and -vicious life, some undergo mental degeneration to a degree not -certifiable. In the case of the older ones this is accompanied by such an -amount of physical disability as compels them to seek refuge in the -poorhouse, and they are only back to prison on the rare occasions that -they leave its gates, induced thereto by a feeling of improvement and a -renewed desire to visit their old haunts. Taking insane and mentally -defective prisoners together, their number is small relative to that of -those who suffer from no mental deficiency. Clearly then insanity will not -account for crime in any except a very small number of cases. In fact the -proportion of insane among prisoners generally is not greater than among -the population outside, but in the case of females admitted for cruelty to -children it is enormously in excess. - - - - -CHAPTER IV - -PHYSICAL DEFECTS AND CRIME - - Physical defects beget sympathy--Rarely induce crime--May cause mental - degeneration--Case of jealousy and murder. - - -Just as some degree of mental deficiency is not incompatible with the -ability to live a peaceable and useful life, physical defects do not -necessarily unfit a man to discharge his duties as a citizen. In either -case the sphere of his usefulness is limited, but that is all that can be -said. Much will depend on his social position. - -When a person who is physically defective falls into evil courses, it -appears likely that he should find it more difficult to return to the -right path than one who is healthy and complete in all his parts; but this -expectation leaves out of account the fact that the more pitiable and -abandoned a man is the more does his condition appeal to the charitable. -His very helplessness attracts attention and begets for him a -consideration not given to those who are stronger; and if he will but -place himself in their hands, there are many willing to look after the -lost sheep whose condition is so pitiable. In some respects, and as things -are at present, there is less need for anyone who suffers from physical -disability taking to crime than for an ordinary citizen; for the law -provides for him and prevents him suffering from destitution in respect -that he is disabled.[1] - - [1] In Scotland able-bodied destitute males are not eligible for Poor - Law relief. - -Physical defects are in very few cases the cause of offences. They narrow -the opportunities of employment, and they lessen the chances of work even -though the defect may not be of such a nature as to unfit a man for it; -but except in so far as they may result in destitution--which, if due to -disability, must be relieved by the Parish on application--they rarely -induce crimes. In some cases, however, serious crime can be traced to this -cause. - -X 11 was an energetic and industrious man. He was a teetotaler and took an -active interest in local affairs. He was respected and trusted by his -fellow-workmen and took a leading part in the trade and friendly societies -to which he belonged. He also had an interest in books; read a good deal, -considering his opportunities; and exercised his intelligence beyond most -of his neighbours. He married a suitable partner and their family life was -an evenly happy one. In the course of his employment he sustained an -accident whereby he lost his arm. When he left the hospital his employers -found a suitable place for him; and his income did not suffer appreciably, -while his prospects were actually brighter in the new than they had been -in the old situation. He began to brood over the loss of his limb, and by -and by he became jealous of his wife. One day he made a murderous attack -on her and was sent to prison. He was very penitent there, and quite -reasonable. He explained that he had ceased to be the man he was when he -married, and that since the loss of his arm his wife had regretted their -union. She had never said so, but though she tried to hide her change of -feeling he could see it. He detailed the causes of his jealousy; and when -it was pointed out to him that, granting the facts, his inferences may -have been all wrong, he admitted the force of the argument. At most he was -unreasonably jealous, but not insane; and on going over certain incidents -with him and supplying the explanations of them, he agreed that he had -been too hasty in coming to the conclusions on which he had acted. He said -that he could not blame his wife, even while he believed she had been -unfaithful; that he could not bear to lose her and that was why he had -attacked her; but that he was very sorry he had done her the wrong of -suspecting her. He was convicted and sent to prison for a period and he -behaved rationally and well. His wife was warned that his jealousy might -reassert itself and that there was a probability that he would become -certifiably insane if he continued to brood on his accident; and she was -advised not to live alone with him. He behaved so well that the warning -was forgotten. About a year after they had resumed housekeeping he nearly -killed her and committed suicide. - -In this case the crime was traceable to the accident which caused the loss -of the man's arm. The cause is exceptional only in respect to the -seriousness of the crime, but it is not at all unusual for persons who -have the misfortune to be lame or deformed to show a morbid sensitiveness -on the subject. Their defect overshadows their lives and colours their -view of things, sometimes causing them to become reckless in their -behaviour and offenders against the law. On the other hand, many develop a -strain of piety and tenderness for their fellows. The presence of the -defect proves nothing beyond its own existence. - - - - -CHAPTER V - -THE STUDY OF THE CRIMINAL - - The reliability of prisoners' statements--Deceit or - misunderstanding?--Frankness and knowledge required on the part of the - investigator--The prisoner's statement should form the basis of - enquiry--Information and help obtained from former friends--The - diffusion of knowledge so obtained--The prevention of crime and the - accumulation of knowledge. - - -Any study of the criminal based on observations made when he is in prison -must of necessity be partial and misleading. It is like writing a Natural -History from a study of caged birds. Parts will be right, but the whole -will be wrong. - -Advantage might be taken of his presence there to find out something of -the antecedents of the prisoner. The opinions of experts may be of value -with regard to him, but they are not nearly so useful as his own opinions -on how he comes to be in prison, nor are they more reliable. - -Prisoners are no more truthful than other people, but they are not -generally purposeless liars. When a man is in trouble and is called on to -give an account of himself he makes the best of his case; but people who -have never been in prison have been known to make no disclaimer when -praised for qualities they do not possess, preferring to let time correct -any false impression that may be to their advantage. It is not reasonable -to expect any higher standard of behaviour from a prisoner than we look -for from others. - -Much of what is harshly called lying on the part of prisoners is due to -misapprehension on the part of their questioners. Most of them do not -waste lies. If the truth will serve, it is easier to tell it, to put the -matter at its lowest; but they are frequently worried with questions they -do not understand, put by persons whom they distrust, with the result that -they leave an impression of stupidity and untrustworthiness that is not -deserved. I remember a gentleman who considered himself a very acute -observer, informing me with regard to a certain prisoner whom he had been -questioning, that the man was weak-minded. I had very good reason for -holding another opinion, but wishing to find out how the visitor had -arrived at this conclusion, I interviewed the prisoner, and after some -talk approached the subject of his recent examination. A smile overspread -his face as he explained that he had been asked all sorts of questions by -the stranger and had not been allowed to answer in his own way, so he got -tired and let the other have it as he wished. His opinion of his examiner -I obtained as a personal favour, for as he put it, "It's no for the like -o' me to say onything aboot the like o' him--at least no here." I cannot -print his words, all of them. He said, "He's a ---- of a flat." Each had a -poor opinion of the other, and how far each was right others may judge. -The incident suggests several reflections. - -It is not reasonable to expect that a prisoner will take the trouble to -understand and answer the questions of a stranger whose object in quizzing -him he does not know. Few of us would care to unbosom ourselves to the -first visitor who chose to interest himself in our affairs. He might count -himself lucky if he did not find himself violently expelled. The prisoner -cannot throw an unwelcome visitor out, but sometimes he would like to; and -the attitude of some who seek to do good is at times provocative. When the -enquirer is known it is a different story. Get the name of being "all -right" and you will learn, but you must first deserve confidence. -Frankness begets frankness, and for my own part I have found very few -prisoners who wilfully sought to deceive me when they knew why I sought -information from them. It was either freely given, or withheld with the -plain statement that they could not fairly give it. The information given -has not always been accurate, but there are not so many people who are -accurate in their statements--not through want of desire to be truthful, -but because their perception, their memory, or both, are blurred. - -But more than frankness is required; there must be some ability to see -things from the standpoint of those who are questioned, and a sufficient -knowledge of their language to understand an answer when it is given. -There are very many people who think they know the English language, and -who do not seem to have realised the fact that a different significance is -attached to words in different districts and among different classes. -There are not merely slang words, but words used in a slang sense, and -when these are taken literally the result is misunderstanding. Yet we are -sometimes treated to the result of investigations by people who have had -no training, and who in a marvellously short time can obtain voluminous -and striking information; how much it is worth is another question. Try to -get by question and answer a short record of the antecedents of any of -your friends, and you will find that it cannot be done in a few minutes, -that it will not be free from inaccuracies, and that it will require -explanation before you understand it as they would like. To obtain such -information from a stranger is a more difficult task. - -In the case of the prisoner the advantages to be gained are worth the -effort to overcome the difficulties. Having obtained his statement, it -might form the basis of an enquiry into his case and an attempt to help -him on his discharge. There are few men who have not some friends who are -persons of goodwill. They may be relatives, or employers, or -fellow-workmen; but their will may be greater than their power. Their -patience may have been tried to the limit of endurance or their interest -may have become languid; but if they will not or cannot help, they can at -least tell what they have done and prevent a repetition of the treatment -that has failed. There are very many people who would never dream of -joining a society for aiding prisoners, but who will willingly assist in -helping a person whom they have known in his better days. The societies -have their use, but that is no reason why a man's fellows should not be -enlisted in his aid; though they have no interest in the general question, -they may take an interest in the special case. In the attempt it will be -found that, even though the efforts made to help a given prisoner should -fail, a knowledge has been gained of the existence of conditions that -favour ill-doing. - -Every official knows that in a great city there are occasions of -misconduct which the ordinary citizen does not suspect. Such knowledge, so -long as it is confined to officials, is comparatively sterile. They may -speak, but some other matter distracts public attention before it has been -focussed long enough on the subject to do any good. At most they may get -further powers to do for the citizens things which the citizens could far -better do for themselves. Talk of slums to a man who is comfortable is -often only talk, but set him to live in them and the effect is different. -In the same way, if you can, through his personal interest in a man, get -another to examine into the causes of his wrongdoing; to go over the -ground for himself; to see the process and the means of his degradation; -that man will note how many occasions of offence exist that might be -removed, and if only for the safety of his own family will give assistance -in removing them. Incidentally and in process of time a large mass of -information regarding the history of criminals and offenders would be -collected, and some generalisations of importance might be made. At -present those who generalise do so without any such careful study of the -persons whom they deal with as that I recommend. For sixteen years I have -been looking for the offender of the books and I have not met him. The -offender familiar to me is not a type, but a man or a woman; and we shall -never know nor deserve to know him till we are content to study him, not -as the naturalist studies a beetle, but as a man studies his neighbour. - - - - -PART II - -COMMON FACTORS IN THE CAUSATION OF CRIME - - - - -CHAPTER I - -DRINK AND CRIME - - Drink commonly accredited with the production of crime--Minor offences - usually committed under its influence--Drink a factor in the causation - of most crimes against the person--Double personality caused by - drink--Drunken cruelty--Drunken rage--Assaults on the drunken--Sexual - offences--Child neglect--Mental defect behind the drunkenness of some - offenders--Malicious mischief and theft--Drunken kleptomania--The - professional criminal and drink--Thefts from the drunken--Amount of - crime not in ratio to amount of drinking in a district--The vice - existent apart from crime, in the country--And in the wealthier parts - of the city--Drunkenness and statistics--Summary. - - -Though the differences among prisoners in antecedents and faculties must -be taken into account if they are to be treated in a rational manner, -there are factors which are common to the causation of crime in many -cases. Their influence may vary in strength, but it cannot be disregarded. - -Drink is denounced--and consumed--by all classes. There are many who -attribute all evils to its use, and some of these take the logical course -and advocate the prohibition of its manufacture and sale. Others make the -theory an excuse for doing nothing to remedy social conditions; for "you -never can stop men from drinking," and if drink be the cause of social -evils, and you cannot stop its use, why should they worry? - -Any theory of the causation of evil will be fashionable if it offers a -superficial explanation of the facts and affords an excuse for doing -nothing more troublesome than giving good advice to the poorer classes. -Drink has brought misery and degradation on many, through their own -indulgence or that of those on whom they have been dependent; if it does -not cause, it is often an aggravation of poverty; and it is with no wish -to minimise its ill effects that I protest against exaggerating them. Our -social troubles are not traceable to any one cause, and it is not -profitable to single out a particular vice and place all evil to its -account; nor is the practice more laudable when the vice is not one to -which we are ourselves inclined. By all means let temperance be taught and -drunkenness be discouraged; this too we shall do better when we search for -the causes of intemperance. - -One of the statements most frequently made is that the great majority of -crimes are due to drink. It would be more accurate to say that most -prisoners were under the influence of drink at the time they committed the -breach of the law for which they have been convicted. The great majority -are petty offenders. Strike them off and our prison population would at -once be reduced by more than a half. They have been drunk and incapable of -taking care of themselves, or they have committed a breach of the peace -through drink. Their sentences are short and their number is large. Many -of them are regular customers and return again and again in the course of -the year. Whether we are dealing wisely with them will bear discussion. -They do not seem to be any the better for it so far as their conduct -shows. They are enabled, in consequence of the rest and regular living of -the prison, to start on their next spree in a better condition physically -than would be the case if they were not detained there for a time; but -this is rather a personal than a public gain. At present they swell our -prison statistics and are a burden on the exchequer. That they should be -mixed up with criminals is no advantage either to us or to them. The cause -of their conviction is drink; but it does not make for clearness of -statement to add their numbers to those of criminals who have committed -crimes against the person or against property. - -Crimes against the person are generally committed by people under the -influence of drink, or on persons who are intoxicated. A man takes liquor -to get out of himself, and is then in a condition to do or say things from -which he would refrain if sober. Some are not improved in temper as a -result of their drinking, and are more prone to quarrel and less able to -control their passion. It is commonly observed that a man can and does -develop a double personality, showing one set of characteristics when -sober and another when under the influence of drink. In both states he -receives impressions, and his actions when sober show that the impulses -which direct his acts are different from those which dominate him when he -is intoxicated. Just as his sober self is forgotten when he is drunk, his -drunken self is forgotten when he is sober--not wholly, it may be, but in -part. He seems more readily to remember violence suffered than violence -inflicted by him. Impressions received in one condition tend to be revived -when the person is again in that condition. If when he gets quarrelsome -and hits out he finds he has struck one who will strike back, he generally -gets out of the way and avoids the danger from that kind of person on a -subsequent occasion. Just as he learns to keep clear of lamp-posts and -other resistant objects, he learns to stop short of striking one who is -likely to hurt him. - -The most serious assaults are not so much the outcome of drunken anger as -of drunken cruelty; and, pent up in one direction, it finds vent in -another. This passion seems to possess some men regularly, and it is -indulged at the expense of those who offer least resistance to it, viz. -the female members of their household. With them a habit is formed of -assaulting their women-folk, and the habit grows in force and intensity. -In most cases of brutal wife-murder that have come under my observation, -the fatal assault has simply been the last of a series committed regularly -when the culprit was under the influence of drink, and the woman's death -was the final incident in a long-drawn-out martyrdom. - -In other cases men who are ordinarily peaceable find themselves in prison -charged with assaults of which they have no distinct recollection, the -result of sudden passion that has swept their minds when they were -intoxicated. Others become so pugnacious when they take drink that they -are not content till they are in a row and do not seem to mind whether -they get hurt or not. In their case--which seems to be the most common--it -is not the lust of cruelty but the delight in battle that stirs them, and -though they may get fully as much as they give, it does not deter them -from repeating their conduct. - -Another class of assaults is that committed on persons who are under the -influence of drink, and who by their misconduct have provoked their -assailant. They are relatively few, and the assault is rarely so brutal in -character or so serious in result; though occasionally it may end -tragically. X 12 was a young man who married a girl of respectable -character. They were both sober and industrious. She had been engaged in a -factory before her marriage and had very little practical experience of -housekeeping. She was not accustomed to household routine, and as her -husband did not get home for his meals she had a lot of time on her hands. -Her house was in a different part of the city from that of her parents, -and she had to make friends for herself. Unfortunately she got into the -company of some who gossiped together and moistened the talk with drink. -At first she abstained, but by and by she began to do like the rest; and -unlike them she could not control herself. She showed a tendency to excess -which they tried to discourage for their own sakes as well as hers. Her -husband discovered her misconduct, and in order to break her of it removed -to another district. For a time she did well, and her relatives helped -her. But again she drifted in her search for company into that of those -who took the "social glass." It is wonderful how a woman when she has once -taken to drink finds a difficulty in making friendships with other women -who have not done so, unless she becomes a militant teetotaler. In the -present instance the young wife had relapse after relapse over a series of -years, and her husband seems to have done all in his power to save her. -She had two children, and when sober she attended to them adequately; but -her fits of drinking began to occur more frequently, and in them she -became more reckless. After one, in which she had sold out the household -furniture and disappeared, she returned penitent and he set up house again -with her. She kept sober for some weeks, they were getting things -together, and he was trusting her with some money. One Monday evening he -went home from his work to find the house partially stripped, the children -neglected, dirty, and in tears, and his wife in a dazed condition waiting -to receive him with maudlin apologies. In his anger he pushed her from -him. Her body struck the corner of the table, and shortly after she fell -and died. She had sustained rupture of an internal organ and she bled to -death in a few minutes. The result was altogether disproportionate to the -amount of violence used and was in a sense accidental, but her death could -as truly be attributed to drink as many of those which result from the -assaults of drunken persons. - -Drink plays an important part in the commission of sexual offences, but it -is not more generally a factor in such cases than in those of simple -assaults. In the great majority of these charges against men under middle -age it is found that the assailant was at the time under its influence, -however; and in the most atrocious and unspeakable cases it is rarely -absent unless when there is insanity present. - -Of late years there has been an increasing desire on the part of the -legislature to secure proper care for children, and to punish those who by -negligence or cruelty allow their offspring to suffer. Cases have been -reported that reveal a shocking state of affairs, and parents have been -prosecuted and sent to prison for their callousness and cruelty. Of all -prisoners these are usually the most hopeless and useless; the most -entirely selfish in their outlook; the most inclined to grumble and shirk -work; the persons with the keenest sense of their rights and the lowest -sense of their responsibilities--this from a merely superficial -observation of them. The care of the children falls naturally to the -women; the provision for them to the men. The men have excuses to offer -for the condition of the children, and these excuses are sometimes valid; -for a man cannot be at the same time working outside to support his family -and looking after them in the house. If the woman is given the money to -defray the necessary expenses, and neglects their care, it is difficult -for her to stand excused. In practically all the cases drink enters into -the question, and its presence explains but does not excuse the neglect. - -It is a good thing for the children that they should be removed from the -care of parents who are cruel to them either by neglecting or by -maltreating them, and it is well that those who are inclined to -carelessness should know that their conduct may form the subject of -complaint; but a person may be physically fit to have children and -mentally incapable of taking care of them. A large proportion of those -women who have been convicted of cruelty to children are in this sad case. -The evidence has been of the clearest that they have squandered their -substance, indulged their appetites, and shamefully ill-used their -offspring, but only after they have been placed out of the reach of drink -is it possible to say whether at their best they are capable of -undertaking the obligations they have incurred by becoming mothers. In -some cases their mental condition has been so bad as to justify their -removal to lunatic asylums; in other cases the mental defect is quite -perceptible and is obviously such as to unfit them for their duties, but -is not sufficiently marked to enable them to be cared for by the lunacy -authority. Drink has been held accountable for their conduct and it has -had a share in its causation, but it has masked the permanent flaw behind -it, whether that defect has existed before the subject gave way to drink -or has resulted from drink. In the case of these women it is a serious -matter to allow them to return to duties they are unfit to discharge, -especially as there is a probability that the condition of the family may -be aggravated by its increase. Among women convicted of cruelty to -children there are very few who are not mentally defective as far as my -experience goes. - -Just as drink causes some people to become savage, it incites others to -mischief. If a man lift things that do not belong to him and carry them -off, that is theft and punishable as such. If the culprit could state the -case to the magistrate as a lawyer would, it would be classed as malicious -mischief; but if he had the necessary training, or could afford to pay a -lawyer, he might not be in court at all. It is not yet an uncommon thing -for young bloods to destroy or take away the property of others, but they -are not charged with theft as a result of their exuberance. They are not -usually charged at all if they compensate the owners. Students of medicine -have been known to return from a symposium with a miscellaneous collection -of articles which they had conveyed without authority from shop-doors, in -addition to an occasional door-bell handle or knocker. If any of them had -been convicted of theft in consequence of this conduct, he would as a -result have been struck off the register and been prevented from entering -the profession for which he was training. A conviction for malicious -mischief would have no such grave result. The consequence is quite as -serious in the case of a labouring man. It is not merely that the sentence -is heavier; that is the least of it; it is the reputation of being a thief -that is attached to him on his discharge which he will find difficult to -overcome. It is bad enough for his prospects of honest employment that he -should have been in prison, but if the cause was not dishonesty he may be -regarded as merely foolish. If his offence has been theft it is another -story. Explanations are not wanted--nor thieves; and the dog with the bad -name may set about in despair to deserve it, becoming a recruit to the -ranks of the professional criminals. In such cases the man's downfall may -be attributed to drink; but he might reasonably attach some of the blame -to our stupidity in dealing with him. - -Apart from those who are led into sportive acts when they are in liquor, -there are some who take to theft pure and simple. X 13 was a most -respectable man about thirty years of age. He was honest and industrious, -and except that he occasionally gave way to intemperance he appeared to -have no faults or follies. He was not very fond of company, and after his -work was done he spent most of his time at home in his lodgings, where he -had the reputation of being a quiet, peaceable, and somewhat studious man. -He was arrested one night when under the influence of drink, in possession -of property which had been stolen by him. On his room being searched the -proceeds of several thefts were found, and the remains of articles which -had been stolen and partially destroyed. It became apparent that he had -been responsible for quite a number of thefts from public places during -the two preceding years. His story was that he had no recollection of -stealing; and on the Sunday morning after his first theft he was horrified -to find a bag containing articles of clothing in his room. He ascertained -from his landlady that he had brought it home the night before, and he -told her some story to explain his questions. He made no attempt to sell -the property, but destroyed it in detail. He kept off drink for a time, -but falling in with some old friends one night, he took too much and again -he stole. It preyed on his mind to such an extent that he went on a spree, -with the same result. He could tell nobody of his trouble, and he got into -despairing and reckless moods in which he flew to drink, nearly always -returning with something. He was remonstrated with on account of his -growing intemperance, but with very little result; and it was a relief to -him when he was found out. How many thefts he had committed was never -known, but he had never made a penny by them. He was not a kleptomaniac -when sober, and his case is an uncommon one in respect more to the freedom -he enjoyed from arrest than to the nature of the impulse which he obeyed; -for there are a good many occasional thieves who are quite honest when -sober. - -Others have fallen from a position as law-abiding citizens, and have lost -their self-respect, as well as their position, through habitual -intemperance. Their one passion is drink, and they will do anything to get -it. They cannot get work and could not keep it if they did, because of -their unsteadiness; so they live off others by begging or by stealing. - -The most troublesome criminal to those whose duty it is to protect the -public, and the most dangerous to the property of his fellow-citizens, is -the professional; and no more than other professional persons does he go -to business the worse of drink, for that would be taking an unnecessary -risk. There are few occupations in which sobriety is not required to -ensure and maintain success, and this is true whether the business be an -honest or a dishonest one. Not that the thief need be a teetotaler; in his -hours of relaxation he may be found proving the contrary; but he cannot -afford to drink during business hours. In prison he may say that he is -there on account of the drink, but the statement, though it may be true, -is misleading. It is a convenient formula, and serves to prevent further -enquiry. He knows that those who question him have their prejudices, and -he is aware that it is the fashion to trace all crimes to drink--and no -further. Let him frankly confess his failing for liquor and he will -obtain some sympathy which may materialise on his liberation. It is -literally true in many cases, the statement: "If it hadna been the drink I -wadna been here." But it is also true that he has not been honest when -sober. For every time he has been caught there are many thefts he has -committed and escaped capture. Continue the enquiry and it is found that -what he means is that if he had not obscured his judgment with drink he -would not have attempted the job he undertook; or he would have kept a -better look-out before he did take it in hand. He is not a thief because -of the drink, but a thief who is caught because he has been intemperate. -The drink in this case has not proved an ally to crime, but an auxiliary -of the police; it has not caused the theft, but has enabled the thief to -be caught. - -In many cases, however, it assists the professional criminal; for the -intoxicated man is an easier prey to him than the sober citizen. He can be -assisted home by willing hands that will go through his pockets with skill -on the road. He can be lured into dens that when sober he would avoid, and -there be robbed at leisure and with little risk. He may even be relieved -of his property without any pretence of friendliness, with small chance of -his offering effective resistance or causing a hot pursuit. In all these -ways he affords opportunity to the thief, and to the extent that the drink -places him in this condition it is a cause of crime. - -It appears then: (1) that the great mass of prisoners were under the -influence of drink at the time they committed the offence for which they -have been convicted; (2) that of these the "crime" of the majority is -drunkenness, or some petty offence resulting therefrom; (3) that nearly -all the crimes against the person are committed by, or upon, people who -were intoxicated at the time; (4) that many offences against property are -partly the result of drink; (5) that the majority of crimes against -property are not due to drunkenness on the part of the criminal. - -But the amount of crime in Scotland is not in proportion to the amount of -drinking in any district. The consumption of drink is not confined to our -cities and towns, and excessive indulgence sometimes takes place on the -part of people who live in the country, yet no considerable proportion of -our prison population comes from the courts of country districts or of -small towns. The vice may be present without issuing in crime, though the -drink itself has the same effect on the drinker whether he be living in -the town or in the country. - -In the country and in small towns, where the population is stable and -where people are not packed together, they have opportunities each of -knowing his neighbour, and they take some interest in one another. Indeed, -one often hears complaints of villagers taking too much interest in their -neighbours' affairs. If a man drink more than he can carry, there is -usually someone about who will see him home; or at worst he finds rest -until he recovers, without the necessity of interference of an official -kind. In the town, although a man may have friends who would be willing to -look after him, he is separated from them, not by green fields, but by -rows of tenements and multitudes of passers-by who have no personal -interest in or knowledge of him; and if he lie down he obstructs the -traffic and has to be taken in charge. He need not be any more drunk than -the man in the country, but he is a greater public nuisance. - -In the country if a man have his evil passions stirred or inflamed by -drink and seek to indulge them, friendly hands restrain him from doing the -injury he might otherwise do, and the crime which has been conceived may -never be executed; but in the city a man may, and sometimes does, brutally -assault and even slay another person, while people are living above, -below, and on each side of him; and no one troubles to look in and -ascertain what is going on. Men do not know their neighbours and do not -care to interfere in the affairs of strangers. They have learnt to attend -to their own business and to leave other things to their paid officials. -The officials likewise attend to their business; and the prison cells are -filled with men and women who have taken liquor to excess and have had no -friendly hand to assist them or to keep them out of mischief. In the -absence of this restraint and help, crime is just as likely to result from -excessive drinking in the country as in the town. - -There is another difference in favour of the country toper that is worth -noting. The man who sells him the drink is usually a member of the -community in which he lives, and he cannot afford persistently to outrage -the sentiments of those among whom his lot is cast. He will not find it to -his comfort to obtain the bad opinion of his neighbours; and if he get the -name of filling his customers full he may run the risk of losing his -license. It is not to his interest to disregard the welfare of his patrons -even were he so inclined. Each district has its own standard of what is -fair and allowable, and no publican can safely continue to fall below it. -In the large towns the licenses are not usually held by men who live in -the district. Many of them are in few hands. The licensee is represented -by barmen who have a most harassing and exacting time; who work long hours -for wages that are seldom what could be called high; who are engaged -selling drink to men the majority of whom they do not know; and who are -expected while keeping within the law to sell as much liquor as possible. -Public opinion in the district can only touch the publican on his -financial side; and then only by a campaign directed to ensure regulations -that are sometimes as futile as they are vexatious, and that attack -indiscriminately the man who is really trying to conduct his business in a -reasonable way and him whose only care is to get as much out of it as he -can. - -But not only is there drinking in the country as well as in the town. -There is no district of the town that has a monopoly of temperance. There -are fewer public-houses in the wealthier than in the poorer districts, but -there are more private cellars. There is no bigger proportion of -teetotalers among men who have money than among men with none; and -business men are as much given to drinking as artisans or labourers. There -is a difference in their methods of consumption, the one judiciously -mixing his potations with solids, the other taking his amount in a shorter -period of time and running a bigger risk of getting drunk. Even when he -does get beyond the stage of being quite clear in the head, the wealthier -man has the means of getting home quietly, and there may be no scandal and -no arrest. Though there may be as much drinking in the district in which -he lives as in some of the congested parts of a city, there is less crime -in proportion to the number of inhabitants; so that there are other -factors than drink necessary to the commission of crime, even when drink -is present. - -In Glasgow we are accustomed periodically to learn from the testimony of -English visitors that we are the most drunken city in the kingdom; and -tourists write to the newspapers and tell their experiences and -impressions of sights seen in our streets, quoting statistics of the -arrests for drunkenness. This alternates with panegyrics of the city as -the most progressive in the world--"the model municipality." We are -neither so bad nor so good as we are sometimes said to be. That the -streets of Glasgow--or rather some of them--are at times disgraced by the -drunkenness of some who use them, is quite true; but the fact that some -travellers at some times see more drunk people in a given area than may be -seen in any English city does not justify the inference that the -inhabitants of Glasgow are more drunken than those of other cities. In no -English city is there so large a population on so small an area. If there -are more drunk in a given space there are also more sober people; but only -the drunks are observed. In Glasgow, moreover, the ordinary drink is -whisky, which rapidly makes a man reel. It excites more markedly than the -beer consumed so generally in England, which makes a man not so much drunk -as sodden. If it were worth the retort, one might point out that even if -it be true that in Scotland you may see more people drunk, in England you -see fewer people sober. - -As for the statistics of arrests they are absolutely useless for purposes -of comparison, if only because of the different practices that prevail in -different parts of the country in dealing with drunks. It is also well -known that a comparatively small number of persons is responsible for a -very large number of arrests. - -The facts show (1) that drink puts a man into a condition in which he is -more liable to commit an offence or crime than he is when sober; (2) that -while drinking is common in all parts of the country, police offences and -crimes occur mainly in closely populated districts; (3) that the amount of -crime and police offences in Scotland is not dependent on the amount of -drinking alone, but is mainly dependent on indulgence in drink under -certain conditions of city life; (4) that the major portion, and the most -serious kind, of crimes against property, are not attributable to drink. - - - - -CHAPTER II - -POVERTY, DESTITUTION, OVERCROWDING, AND CRIME - - The majority of persons in prison there because of their poverty-- - Poverty and drink--Poverty and petty offences--Poverty and thrift-- - Poverty and destitution--Case of theft from destitution--Poverty and - vagrancy--Unemployment and beggary--Formation of professional - offenders--The case of the old--The degradation of the unemployed to - unemployability--No ratio between the amount of poverty alone and the - amount of crime--A definite ratio between density of population and - crime--Slum life--Overcrowding--Cases of destitution and - overcrowding--Overcrowding and decency--Poverty and overcrowding in - relation to offences against the person--The poor and officials--The - absence of opportunity for rational recreation--The migratory - character of the population--The multiplication of laws and of - penalties--Transgressions due to ignorance and to inability to - conform--Contrast between city and country administration--Case of - petty offender--Treatment induces further offences--The city the - hiding-place of the professional criminal--Crime largely a by-product - of city life. - - -While the majority of prisoners were under the influence of drink at the -time they committed the offences for which they are convicted, it is -equally true that they are in prison because of their poverty. They are -there because they are unable to pay the fines imposed on them. Their -offences may be attributable to drink, but their imprisonment is due to -want of money. There are many who are most estimable citizens, though -poor; poverty alone does not lead them to prison. On the other hand, there -are many people who drink to excess and do not transgress the law; their -drunkenness alone does not lead them to jail; but while a man may be poor -and virtuous, his poverty will compel him to live under conditions in -which any vices he has may easily develop into crimes or offences. - -It is sometimes said that poverty, and especially the poverty of the -masses, is the result of drink, but no statement was ever more grotesquely -untrue. That drink aggravates poverty is obvious; but no one can shut his -eyes to the fact that all poor people do not drink, and that all -teetotalers are not rich. Drink is often a cause of poverty; but to -attribute poverty mainly to drink is wantonly to libel thousands of our -poorer fellow-citizens who live far cleaner lives than many of their -critics. On the other hand, it is equally unsafe to attribute drinking -mainly to poverty, for many who indulge freely are possessed of -considerable means, and the practice is not peculiar to any social -condition. That some are driven to drink as a refuge from the monotony of -their lives is undeniable; but if poverty makes some men drunkards it -makes others teetotalers. They see that their chances of "getting on" are -less if they take drink than they would be if they kept strictly sober, -and they abstain till they have attained their object; though they may -make up for their abstinence afterwards. - -Of prisoners convicted for committing petty offences--the largest -number--many have been driven to offend by the squalor of their -surroundings. Poverty tends to limit a man's choice in work and in -recreation. He is on the verge of destitution, having nothing in the way -of reserve, and he is forced to take work that may and often does result -in an income that is much less than the expenditure of energy necessary to -obtain it. If he is a member of a family or has friends in the district -where he is living, he can usually obtain assistance in the time of his -distress; and he is himself counted on to render help when required. That -such help is commonly given by the poor to the poor is a commonplace, but -its importance in preventing destitution in places where poverty is always -present is not sufficiently recognised. - -The majority of working-class families live almost from hand to mouth. The -utmost to be expected from them in the way of thrift is provision for pay -in time of sickness from a friendly society; and even that is not possible -for all the members of a household. Provision may also be made for aliment -from a trade union in time of unemployment; and in some cases for some -period there may be something saved and set aside in the bank. They are -accustomed to hear of their improvidence from people who have never known -what it is to suffer from ill-health and consequent loss of income, and -who would find their place in a lunatic asylum if they tried to live for a -year under the circumstances of those whom they criticise and direct. -Their lamentations and advice are sometimes echoed by the man who has -risen from the ranks to comparative opulence, and who forgets that if his -neighbours had been like him he would never have been where he is. The -only capital they have is their health, and anything may happen to set -aside the principal member of the family and throw the others into a -struggle that may lame them. - -The life of the individual worker is nearly always one of interdependence. -In his early years he is dependent on his parents and his elder brothers -and sisters. When he is able to work his wages go into the common stock, -and by the time he can earn enough to support himself he may have to -contribute to the support of his parents. Thrift in the case of any -family cannot be estimated by the money saved, and in many of the model -thrifty families it may be found that the cash saving has been made at the -expense of starving the bodies and minds of the children. Time and again, -well-doing families have become destitute after a severe and prolonged -struggle, or after a short period in which they have suffered blow after -blow, as a result of sickness or loss of work; and as there is no public -provision made for helping such people until they are quite destitute, and -then only the minimum of relief is given them and they are set adrift to -recover under conditions that render recovery almost impossible, it is -wonderful that so many manage to survive. - -Those who sink are not therefore to be condemned on that account as worse -citizens than those who survive; the time at which they have been struck -by calamity may account for all the difference between them. We are all -liable to sickness and death, but if either comes at one time rather than -another it may make a very considerable difference to our families. When a -man who is in a steady situation with a fair wage dies leaving no -provision for his wife and family he is condemned. It is in vain to point -out that he used his pay towards their comfort and in such a way as to -ensure their fitness; he ought to have been more careful; and the very -people who preach faith are the first to blame him because he took no -thought of tomorrow, but did the best he could in the day that was his. -The fact is that every man who thinks, among those that are dependent on -the wages they earn--usually under a precarious tenure of their -situations--sees that his choice lies between securing the best conditions -in his power for his family in order that they may be the more fit to do -their work in the world, and doing something less in order to lay by some -money for them; between starving them in essentials during his lifetime to -secure them from starvation should he die, and giving what he has while he -is there to give, in the hope that he may live to see them develop -healthily. - -From poverty to destitution is in many cases but a short step, and it may -be taken by those who have done nothing to deserve it. Sickness, loss of -employment, absence of friends who can assist, may drive a man to -extremity; and then it is a hard task indeed for him to keep within the -law and live. His sickness may enable him to qualify for parochial relief, -but as soon as he is recovered so far as to be able to go about he may be -cast adrift without means of support. - -If a man does not live by working he can only support himself by the work -of others; being destitute he must beg or steal. X 14 was a man of -thirty-five years of age who was charged with theft. He was somewhat -"soft," and had managed to support himself during the lifetime of his -relations by casual labour. He was physically in good health and mentally -not bad enough to obtain care from any public body. On the death of those -who had looked after him he drifted to the common lodging-houses, but he -had not enough devil in him to be attracted by any of the vicious or to -indulge in any vices. He began to find difficulty in obtaining employment. -Under the stress of his condition his mental defect became accentuated, -and, though not prominent enough to call for official recognition, it -hindered him in his efforts to obtain work. Asked why he had stolen, he -gave a reply that in its reasonableness was striking. He said, "What was I -to do? I tried the parish, but they could do nothing for me, for I'm quite -weel. I tried beggin', but I didna get much, an' I was catched. You're no -sae often catched when you steal." He did not want to steal, but it was -the easiest thing to do. In begging he took a risk of apprehension for -everybody he approached, and from most he would get nothing in the way of -help. He took the same risk when he lifted something, but at any rate he -drew no blanks. He had some very orthodox views on punishment; for he -believed that the proper thing to do with a man who stole--when you caught -him--was to send him to prison for so many days, the time to depend on the -value of the property stolen; but he thought that the man who had suffered -imprisonment for theft, and so paid the penalty, ought to be allowed to -enjoy the proceeds of his theft; and he complained that though he had -served so many days for the theft of a pair of boots, he had not been -given back the boots on his liberation. I cite his case here, in spite of -the fact that he was mentally defective, because he really stated -correctly the dilemma into which a person is driven when destitute; and -because he appeared to be one who, had it not been for his poverty and -destitution, would not have required attention either as a mentally -defective or a criminal. His social condition gave no opportunity for the -proper development of his mental powers, but stunted their growth. As for -their quality, it is in no wise different from that of many who, thanks to -better chances, are able to get themselves accepted as public leaders on -the strength of an absence of showy vices, and the exposition of a logical -and narrow view of things; solid men and safe, free from levity and -serious-minded. - -Poverty is no crime, but it is something very like a police offence if the -poor person is destitute. Everybody needs food, clothing, and shelter, and -they cannot be had without money or its equivalent. A man may starve and -go in rags rather than beg or steal, but he must sleep somewhere. He -cannot pay for a lodging, and to sleep out is to qualify for sleeping in a -cell. If the police were not better than the law in this respect our -prisons would always be full. There are many men out of work who are far -from anxious to get it; indeed, and for that matter, most people are quite -content to do no more than they need; and in spite of all that has been -said of the blessedness of labour, there are few of the most earnest -preachers against the idleness of others who would prefer to work longer -hours for less pay rather than shorter hours for more. - -We must discriminate; the objection to the man who will not work is that -he is not content to want. When he gets like that he is so far from being -an unemployed person that he has adopted the occupation of deliberately -living off others; that is his profession, and I am not at all sure that -it is quite as easy as it is assumed to be by those who have not tried it. -Certainly the amateur beggar makes but a poor show with the professional. -His is, at any rate, a dishonourable and an illegal profession; but while -in some cases he has been brought up to it, in many he has drifted into it -through destitution. We ought to have no professional beggars and no -professional thieves; but as they are in some way made, it does not help -to an understanding of the question to label them "habitual," condemn -them, and neglect to ask, if they "growed," how it was they began their -career. Many of these full-blown specimens have been offered work at -remunerative rates and have scorned it, which shows--that they did so; -that is all. It does not show that if in the beginning they had been taken -in hand they would have refused to do their share of labour. All -experiments of that kind only prove that the sturdy beggar finds it easier -and pleasanter to beg than to do the kind of work offered to him; they -teach nothing as to the causes which led him to begging; and poverty and -destitution are the most common causes. - -In our large cities there are numbers of children who are destitute -because of their parents being unable to provide for them, or failing to -do so. They are cast on their own resources from a very early age, and -have sometimes to assist in the maintenance of others. When they can, some -of them leave the homes which have been far from sweet and take to living -in common lodging-houses--in Glasgow we call them "Models," with a fine -sense of humour, for they offer the best of opportunities for the -formation of citizens who will not be models. If the boy grows up as he -can, and in the process develops anti-social qualities, it is not he who -is most to blame; and when we condemn his conduct, as we must, we might at -least admit that his course has largely been shaped by the destitution -which it would have paid us better to prevent than to punish, when as its -result we have allowed him to develop into a pest. - -At the other end of the ladder there are men who are refused work because -they are or seem old, and who are driven down through destitution to -become petty offenders. I remember when I was employed in the poorhouse a -man was brought to be certified insane. He had attempted to sever a vessel -in his arm in order that he might bleed to death, but his ignorance of -anatomy--he was a pre-school-board man--had caused him to make an ugly -gash at the wrong place. He was talkative, and his story was clearly told. -He was about fifty years of age and was unable to follow the only trade he -knew. He was an iron-worker and had done hard work in his day. He had -never been a teetotaler, but he had always attended to his work. At times -he made good wages, but he had suffered from periods of depression. -Sometimes he had been able to save money, but it had always melted. He -could get work when work was to be had, but for some year or two now he -was physically unable to take a place. He had contracted a disease of the -heart. His son had got married and had two children. He was a well-doing -and industrious young man; sober, steady, and a good workman. He had been -supported by this son, of whom he spoke in the highest terms. He also was -an iron-worker. The son had never grudged him his keep, nor had his wife. -Why then had he attempted to kill himself? His explanation was as clear as -it was unexpected. He said, "Doctor, do I look unhappy?" He did not; -indeed he was rather cheerful. "Well, I never had ony melancholy, if -that's the name for't. My son's a good lad. He slaves as I slaved, and at -the end he'll drap tae. I'm done. I've enjoyed my life on the whole, but -I'm fit for naething but to be a burden on him. He disna object; but -there's the weans. Every bite that goes into my mooth comes oot o' theirs. -If they're to be something better than their faither or me, they'll need -mair of the schule; and what wi' broken time an' low wages they'll no get -it. I want them to be kept frae work till they're educated tae seek -something better. He and I have had our share of hard work. I've had my -sprees, but he's a better man than I was--no a better tradesman; I'll no -say that--an' I want his weans to hae a better chance than he had. No, I'm -no a Socialist; I'm a Tory if I'm onything, but I never bothered wi' -political questions, though I've heard a heap o' blethers on a' sides. -What? Hell? Noo, doctor, does ony sensible man believe in that nooadays? -God's no as bad as they make Him oot to be, an' at onyrate I believe that -death ends a'." There was no shaking him. All he wanted was some lessons -in anatomy--which he did not get. He insisted that he was as sane as any -of us, and asserted that he could not be certified; but he was wrong -there. The law takes most elaborate precautions to prevent people killing -themselves, aye even when it has sentenced them to death, but so far it -has not made any provision for enabling them to work for their living. - -We hear of the unemployable who could not work even if he were willing, -but apart from those who labour under mental or physical disabilities--and -many of them can and do work--I have not met many of this class. There are -many on distress works who make a very poor show; they are not fit for -that kind of work, but that is a different thing altogether from saying -that there is nothing they can do that is useful. Certainly in the -ordinary sense it cannot be said of the man who is too old to secure -employment that he is unfit for work. He is shut out by competition, the -employer quite naturally preferring what he believes to be the more -efficient workman. Few of the older men who are thus thrown on the -scrap-heap take things in such a way that they try the open door of death, -but the fact that they are condemned to forsake their occupation does prey -on the minds of many and embitter their lives; and the fear of dismissal -increases in intensity as their hair turns white. When the blow falls, if -they have no resources what is to become of them? There are all sorts of -schemes proposed for dealing on the one hand with the young and keeping -them longer at school, and on the other hand with the older men and -providing them with work. To an outsider it would seem that if the number -of men employed is sufficient to produce what is required, and there is a -large surplus of unemployed labour, those who are working are working too -long. A stranger might be excused for thinking that if one man is working -eight hours and another not working at all it would be better for both -that each should work four hours; but if he said so he would only show his -simplicity. The man who is employed would quickly point out that this -would reduce his wages. Yet when a man gets promotion, whether in the -public service or in private business, his salary and his responsibilities -are increased--the former certainly, the latter in such a way that it -becomes less easy to get rid of him--but his hours are usually reduced; -for more money would be of little use to him if he did not get time to -spend it. This is merely an observation, not a doctrine; but it is -difficult to see how employment is to be found for those who are willing -and able to work unless we cease to improve machinery and produce less -economically; or increase our production enormously; or divide the work -and the proceeds more evenly. In any case, and while that matter is being -settled, we might recognise the dilemma into which those are thrust who -cannot find work and are destitute. - -They must beg or steal, and if they get into the way of doing either they -are liable to become less fitted and less inclined for other occupations. -X 15 was an artisan earning a fair wage and enjoying good health. He was -married to a woman who was a good housewife and manager. When he was about -thirty-eight he was thrown out of work by a strike in an allied trade. A -commercial crisis ensued and there was general distress. He managed for a -time to keep his head above water, but his resources gradually were eaten -away. His employers wound up their business, and when the local difficulty -had passed he found that he had to look out for another place. While idle -he had formed the acquaintance of others in like case. He had been a -steady, stay-at-home man, but in their company he took to amusements which -were harmless in themselves and new to him. He also imbibed a taste for -beer, but he did not get drunk. The company was not bad company, but it -was different from any he had been accustomed to, and it was not good for -him. For a time he looked for work, but he did not find it. Others got -settled, but the luck was against him, and he became discouraged and -despairing. By and by he looked about in a half-hearted way, and gave more -time to loafing than to seeking rebuffs. He was not destitute, as his -family was able to keep the wolf from the door. In two years he was only -interested in getting drink from anybody who would treat him, and in -discussing public affairs with others who had fallen like himself. He had -given up the idea of work and had degenerated from a good citizen to a -loafer and, later, to a drunkard. He was never convicted, but he had to be -warned because of his conduct towards his wife; and he died as a result of -exposure when drunk--to the relief of his family, who were in danger of -being dragged into the mire by him. In this case his family saved him from -destitution, but the loss of his work drove him almost imperceptibly into -the ranks of the derelicts, in spite of the counter-influences of home. In -many cases there is no family to do what his did for him, and the process -is more certain and easy. - -Poverty compels men to live under conditions in which their vices may -easily develop into crimes or offences; and it makes those who have -transgressed the law less able to recover from the effects of a conviction -and more liable to become habitual offenders; but it cannot be said that -the amount of convictions in Scotland is in relation to the poverty of any -given district. In some parts of the highlands and islands, where poverty -is pronounced, there is an entire absence of crime. - -While no ratio can be traced between the amount of drinking or the degree -of poverty and the number of crimes or offences in Scotland, there is a -very definite relationship between the density of the population and the -incidence of breaches of the law. Not only is there more crime in the city -than in the country, but from the densely populated parts of the city -there are more committals than from the less crowded districts. The -sanitary reformer has shown us that our city slums are breeding-places for -diseases that do not confine their operation to the people who dwell -there, but may easily infect those who live under more wholesome -conditions; and substituting vice and crime for disease and death the -statement is equally true. - -By letting in light and fresh air to the houses where so many dwell we are -able to save lives which would otherwise be crippled or destroyed by the -insanitary conditions in which they are placed; and just as surely we -could break up the aggregations of people whose acquired way of living is -fatal to the proper development of an enlightened civic spirit, if we were -as eager to prevent as we are to punish wrongdoing. There they are; born -into little boxes of houses which are packed together in rows and built in -layers one above the other in the air. Their home life is passed in -similar boxes; and when they die they are put in smaller boxes and placed -in layers under the earth. The health officer would speedily interfere if -we tried to house as many pigs to the acre as human beings; but we eat the -pigs and cannot permit them to be raised under conditions that would be -likely to result in their contracting disease. Also there are fewer people -making a living by furnishing accommodation for pigs than for men; and it -is easier to regulate an occupation when those who are engaged in it are -not influential, than when they are; for we have a traditional dislike to -interfering with the rights of property. It is therefore much easier to -punish a slum-dweller for breaking our sanitary regulations than a slum -landlord for living off rotten dwellings. - -It is well known that the worse the building is, the bigger the rent -charged in proportion to the accommodation supplied. If a man owns house -property he expects to make a profit when he lets it, from the difference -between what he has paid for it and the rent he receives from it. X 16 is -an old woman who is past work and has no resources. She has been in the -poorhouse, but will not stay there, though better housed and better fed -and kept cleaner than when outside. She is too old to settle down to the -ordered life of the institution, and when all its advantages are -enumerated to her and all available eloquence has been expended on her -with a view to persuading her that in her own interest she ought -gratefully to accept its shelter, she sullenly and silently shows that her -opinion of the place as a desirable residence does not coincide with that -of those who are in no danger of being forced to live there. She rents a -small house and takes in lodgers, intending to make her living from the -difference between what she pays and what she receives in rent. Under the -Glasgow sanitary regulations certain houses are "ticketed"; that is to -say, their cubic content is measured, and a card is fixed on the door -stating the number of cubic feet in the place and the number of persons -who may be lodged therein. One adult is the allowance for every 600 cubic -feet; and half that space is allowed for every person under twelve years. -The sanitary inspector is entitled to demand admission at any hour in -order to ascertain whether there is overcrowding. He calls one night and -finds that the limit has been exceeded, and she is sent to prison, in -default of paying a fine, for overcrowding. Of course there is a -difference between her and her landlord, for she has broken the law. -Precisely; but what kind of law is it that can reach only the poorer -transgressor and allows the partner in profits to escape? - -X 17 is a woman of forty-two who has never been in prison before, and is -under sentence for overcrowding. On a midnight visit the sanitary officer -found six adults in a room ticketed for three and a half--a bad case. The -woman's story was that her daughter had been married to a young man some -twelve months previously. He was an iron-worker and seemed decent enough. -He lost his situation through bad trade and was unable to get another. -Meantime a child was born. The young people wrestled along for a time; but -after exhausting all the channels of aid which were open to them, they -were turned out of their house for failing to pay the rent. Their -furniture had been disposed of. The girl's mother took them in to shelter -them. She admitted she had kept them in lodgings for some weeks before the -"sanitary" came down on her, and I suspect she had been warned, but as she -said, "What was I to do?" Asked if she had informed the magistrate of the -facts, she said she had not. "I pleaded guilty, because if ye dae that ye -get aff easier." She could not even make the best of her case, but if she -had been able to employ a lawyer she would not have required to transgress -the law; and as for stating her own case, that is what few are able to -do--till by experience they learn. Even when a person of education and -means finds himself in conflict with the law, if he is prudent he gets an -experienced lawyer to appear for him and present the truth in the way that -will appeal most strongly to the judge. - -Overcrowding not only breeds disease, but it tends to destroy the sense of -decency, and affords opportunities for the commission of crime which ought -not to exist. Now and again cases come before the courts that have to be -heard with closed doors, and in every one of them this factor of -overcrowding is present, affording the opportunity and inducing to the -commission of the crime. The subject is so foul that it cannot be -adequately treated here without grave occasion of offence. Unspeakable -corruption is easy and possible, and it goes on because it is unspeakable. - -It has often been said that poverty and destitution are not likely to lead -to the commission of crimes against the person, but rather to crimes -against property and _a priori_ there is something to be said for the -statement; but whatever the likelihood we need not concern ourselves with -it when the facts are before us for examination. In the first place, the -great majority of persons in prison for committing assaults of all -descriptions are poor persons. It is a rare thing for one in a good -position to be convicted of assault, and even the most cursory examination -of those who are in prison for assaulting others will show that their -social condition was a factor in the causation of the crime. I have -pointed out the part that drink plays in the matter, and incidentally -shown that it is mainly operative under the conditions which exist in -closely populated districts; but many of the minor assaults are committed -by persons who are not under the influence of drink. Next to drink, among -the women, the most common cause assigned by them for their imprisonment -is "bad neebors." They do not lose their tempers and fight with each other -because they are poor or destitute, but poverty makes strange bedfellows -and forces people to rub against one another in such a way as to give -occasion for trouble; and to leave the fact out of account is simply to -attempt to study man apart from his surroundings and to ignore the effect -they have on his conduct. - -In some parts of Glasgow--much as it has been improved during the last -generation--there is literally no room for the people to live. A place to -sleep in, to afford shelter from the weather, to take food in? Yes. Room -for recreation or for quiet rest? No. The forbearance, the good-humour, -the willingness shown to stand aside and allow another member of the -family to monopolise the scanty accommodation, are wonderful; and they are -the rule. Now and then, here and there, a breakdown occurs; and if it -result in a breach of the peace, we are not concerned to recognise the -cause, but only to punish the wrongdoers. "What's done we partly may -compute, but know not what's resisted," and are not disposed to find out. - -A stair-head quarrel is a stock subject for the humorist; but try to live -for a week in such close and constant contact with anyone, earning your -living the while with exhausting labour, and your wonder will be that the -peace is so well kept. The fact is that those people put up with a great -deal more than their censors would stand, and that is one reason why they -are so badly off. If they were as impatient of our smug mismanagement as -we are of their transgressions we should have learned how to regulate our -cities long ago. There is a great effort made to evangelise the poorer -classes, and it is well supported by earnest men who are better off; it -would not be a bad thing if the slums returned the compliment and started -a mission to the West End. The _a priori_ reasoner would then perhaps -learn that while he might expect that crimes against property would in -part be the result of poverty and destitution, because such crimes would -relieve the poverty, though in an illegal way; crimes against the person -are also frequently a result of poverty, not that they are committed with -a view to its relief, but because discomfort, irritability, impatience of -restraint, and other mental conditions which lead to assaults, are as much -an outcome of poverty as it exists in the slums of our great cities as are -hunger and want. - -There is no slum district in Glasgow that does not contain a larger number -of well-disposed than of evil-disposed persons; but a tenement may get a -bad name through the misconduct of one or two of its inhabitants, and a -street may be regarded as wild although there is only a minority of rowdy -people living in it. We take no account of those who do not annoy us, and -when the noisy people anywhere assert themselves we forget all about the -others. When we interfere officially it is to find that, good and bad, -they stand by one another. In this respect they are like gentlemen; they -do not give one another away to outsiders; and it is an interesting -sidelight on their view of the law that they do not look on its -representatives as their friends. So often its interference results in -making their condition worse that they distrust it; and it is often a -greater terror to those who do well than to the evil-doer. It is no -uncommon thing to see a woman who has been assaulted by her husband plead -with the court to let him go, and make all sorts of excuses or tell the -most incredible story to account for her injuries. Then we hear -exclamations and reflections on the power of human love and the forgiving -spirit of even a degraded woman. Human love is wonderful, but it is no -more marvellous than human stupidity; and in these cases the woman is -moved not so much by love of the man as by knowledge of the results to her -and hers of our way of dealing with him. On the whole, she prefers to run -the risk of ill-usage from him when he is at liberty, being assured of his -protection against the ill-usage of others, to having to wrestle on in his -absence and suffer from the disapproval of others who are as badly off, -because of her disloyalty. See that her condition is really improved by -his conviction and she will be less likely to perjure herself in the -attempt to save him from the penalty of his brutality. - -In every slum district there are some living who could afford to go -elsewhere, but who remain where they are because it has never occurred to -them that they should remove. They have gone to the district in its better -days, and the change in its character has been so gradual that they have -not taken much notice of it. They stay on just as men stay on at business -after the need has passed, because they cannot think of doing anything -else and are loth to seek fresh fields. It is not good for them that they -should do so, but it is not bad for the slum; for old inhabitants of this -kind exercise a good influence on many of the others. - -Most slum-dwellers are not there because they prefer slum life, but -because they are unable to pay for better accommodation. The smallness of -their dwellings makes healthy home-life difficult and in some cases -impossible. Having no room in the house for the recreation required after -work, the man goes out to seek change. The opportunities offered to him -are few, except those provided by private enterprise. There are the parks, -and great advantage is taken of them; but in Glasgow they are nearly all -at considerable distances from the most crowded districts. The public -bowling-greens are used to the utmost in the evenings, but are only -available for a part of the year. The libraries attract comparatively few -of those whose labour has entailed much physical strain on them; and -picture-galleries and museums appeal to only a very limited number of our -fellow-citizens, working-class or otherwise. - -It was once the idea of those who pleaded for the public provision of -means of recreation that these should be of such a character as would -"improve" the working classes. The intention was excellent, but the people -themselves were left out of consideration, as is usual when efforts are -made to recreate men instead of providing opportunity for them to amuse -themselves. Perhaps they do not believe that it would be an improvement to -conform to our ideals; at any rate, the great majority have not shown any -eagerness to take advantage of the means for studying science and art -which we have placed within their reach; and they remain as regardless of -the worship of these deities as the great mass of the richer people who -quite honestly have sought to elevate them. The private caterer has found -a way to interest them, for if he failed to do so he would lose his means -of livelihood, and that fact may have helped to sharpen his powers of -perception. He has to amuse men as they are, not as he thinks they ought -to be; and our regulations quite properly debar him from doing so in an -objectionable way. The entertainments provided may not be of a very high -order, but the purpose of recreating thousands is served. If we regret -that they do not seek something better, let us remember the monotony of -their lives, the numbing effect of the conditions to which they are -subject, and be thankful they do not seek worse. - -The small house of one or two rooms in a tenement is what the majority -have for a home, and when there is a family it is insufficient to enable -them to evolve a complete and healthy home-life in it. Social intercourse -is of necessity restricted, for there is no room for the gathering of -friends; and though public entertainments, while valuable adjuncts, are -poor substitutes for social intercourse, they are better than nothing. The -public-house is almost the only place where the mass of town-dwellers can -meet in a social way with their friends, and the perils attendant on such -meetings are evident to all men. The effort to provide some substitute for -it has taxed the ingenuity and baffled the attempts of many temperance -advocates and social reformers. Much as they have been criticised, the -music-halls and such places have been a powerful counter-attraction, but -any means of public entertainment cannot in the end supply the need for -social intercourse between kindred spirits. Some day the fact will have to -be faced that the only real substitute for the public-house is the private -house; and when that is fully realised the slums will go. - -Many have to migrate from one district to another because of the nature of -their work. They have not "steady jobs," and though they may not suffer -from unemployment, they may be engaged now in one part of the city and now -in another. The result is that they have no abiding dwelling-place, and -as a rule have only the barest acquaintance with their neighbours; for -when people are moving about in this way they have neither the same -opportunity nor the same desire to form friendships with those around -them. Improvement in the means of locomotion has contributed to send -employers and well-to-do people out of the crowded areas of the city and -away from the parts wherein their employees reside. They see less of their -workmen than did a former generation, and their wives and families know -nothing about the men whose co-operation is required to secure their -comfort. There is less of personal contact than there was and more chance -of mutual misunderstanding. The bond between employer and employed becomes -more and more a mere money bond; each seeks to get as much as he can out -of the other; and with it all there arises a general feeling of -instability and insecurity, the necessary result of the absence of a -spirit of fellowship such as can only spring from the existence of a -personal as distinct from a pecuniary interest between man and man. - -Where people are crowded together regulations are required for their -health and comfort, and the liberty of each has to be restricted in the -interest of the community. The more closely they are packed the more -interference is required. Practices which in the country might be harmless -or even laudable would be intolerable if permitted in the town. To make -our rules operative we enact penalties against offenders--and sometimes -enforce them. There are so many now that it is questionable if there is -anybody in Glasgow who has not at one time or another been a transgressor. -The man from whose chimney black smoke has issued, or who has obstructed -the footpath by leaving goods outside his shop-door, does not worry over, -because he is not seriously worried by, such laws. He may swear a little -when summoned, and say evil things about the officiousness of the -authorities, but it is a small matter to him even though he is fined. The -man who finds himself in court for using strange oaths in public or for -spitting in or upon a tramcar has more worry over the business. Even a -small fine makes a serious inroad in his day's earnings, and the loss of -time attending the court docks him of the pay by which he might discharge -the fine. However much it may be required, every extension of the police -regulations for the government of a city implies an increase in the number -of offences and offenders dealt with; and while it is necessary that -transgressors should be made to cease to do the things the law condemns, -it does not follow that the wisest means are always taken to secure this -object. - -A crusade against consumption will meet with hearty approval everywhere; -but if the crusaders allow their zeal to direct their energies wrongly -their good intentions cannot be held as an excuse for the harm they do. In -a city that is ordinarily covered with a haze, and sometimes with a cloud, -of smoke; where the inhabitants for the most part live in tenement houses -that by no stretch of fancy could be called spacious; where the workers -are in many cases subjected to severe physical strain by the nature of -their work; and where the weather is variable and trying; it is not -surprising that many should suffer from "colds." They are under the -necessity of spitting, and they spit not out of joy of spitting, but -because they have to. The practice is filthy--it is all the evil things -that can be said of it; and it should be discouraged. The best way would -be to alter the conditions that occasion it; the worst way is to make the -spitter a comrade of the criminal before the bar of a police court. - -As with this so with many other offences; they are manufactured without -due regard to the injury that may be caused by their enforcement. It is an -easy thing to place burdens on the backs of others, but in fairness to -them it should first be ascertained whether they can bear them. Many of -our laws are transgressed because of ignorance or helplessness; and -neither is an excuse. We are all supposed to know the law, and surely no -greater irony could there be than such a hypothesis. If everybody knew the -laws there would be no need for lawyers; and if the lawyers were agreed as -to what is the law at any time there would be little need for judges. So -well is it recognised that even the judges differ, that one set is -employed to correct another; and a final decision is only arrived at -because there is not another set yet provided to differ from them. If a -layman does not know the law he may be punished for his ignorance; but if -a judge does not know it the person in whose favour he has given a -decision may be punished by payment of the costs of appeal. Let us not be -too hard then on the ignorance of the man who has transgressed one of our -numerous commandments. - -In the country, and where people are not crowded together, there are -offenders against good government; but there each one knows the other, and -when a man commits a petty offence, though the local constable sees it, he -may be judiciously blind if in his judgment that is the best course to -take. He knows the inhabitants--they are his friends--and he reacts to the -opinion of the district. If he makes an arrest the matter is discussed, -and when the offender comes before the court, magistrate and prisoner -meet as persons who know one another. Judgment is given on a knowledge not -only of the offence, but of the offender, and all parties in the case are -tried by the public. In the city it is not possible for the policeman to -know the people who live in his district, nor for them to know him. This -is a great disadvantage to begin with, for he is not able to distinguish -between those who may be corrected and restrained by their friends without -the need for their being charged and those who cannot be so dealt with. He -arrests a person whom he does not know for committing an offence. The -prisoner is brought before a judge who knows neither of them, save -officially, and judgment is given according to scale. As for informed -public opinion directed on the proceedings, there is none. In the city as -in the country, however, if an offender is known as being ordinarily a -well-behaved man he may not be prosecuted. If he is overcome by drink -someone may see him home or send him there. It is not so much a question -of his being well-to-do; it is a question of his being known. If not -known, no matter what his means he cannot be sent home in a cab; but he -may be taken to the police station in a wheelbarrow. - -What else can the police do? We take men of good physique and character, -many of them country-bred and unacquainted with the complexities of city -life. They are paid the wages of a labourer, and with a uniform invested -with powers and duties of the most varied kind. They must be able to keep -people from offending, or to arrest them if they do offend; they must know -the law; they must be prepared to act as doctors on emergency--what must -they not be able to do? We multiply our complaints, and cast on their -shoulders duties we ought to perform ourselves; blaming them not only for -any blunders they may commit, but also for our own. We compel them to make -arrests and then lament the result. X 18 is sent to prison in default of -paying a fine, on conviction for using obscene language. She is seventeen -years of age, but does not look more than fifteen. In years she is a young -woman, but in body and in character she is a big girl. She is the eldest -of a family, the father of which is a casual labourer. The mother does -occasional charing. Both take drink, but neither has ever been convicted -or charged. The girl is employed in a factory and earns about enough to -support herself. At night she wants some fun after her day's work, and she -does not want to assist all the time in the household. She plays with -other and younger girls and is probably their leader. There is no -playground for them but the street corner, except they take the "back -close," which is not lit and which might be a source of greater evil than -the street. A complaint is made to the police of the bad language used by -the girls. It is certainly lurid; but where have they learned it? The -decorative expressions complained of are part of the current vocabulary of -many in the district, but are used with more restraint by the elders. We -have all our pet adjectives, which differ in different localities and are -of the nature of slang. In the West End a thing may be "awfully nice," -though nothing can be at once awful and nice; in the East End the -adjective may be quite as inappropriate, but everybody knows its -signification; and so with other parts of speech. True, their language is -filthy, but it does not shock those who use it; and that is perhaps the -saddest thing about it. The girls are warned, but they persist in speaking -their own language, and in bravado ornament it profusely and shout -opprobrious words at the policeman. One is caught. She has not -necessarily been worse than the others in her behaviour, but she has -either run in the wrong direction or not fast enough to escape. She is -taken to the police station and warned. The complaints persist. Again she -is arrested. She is the bad one; she was taken before. - -On her liberation from prison she had lost her work. She was shunned by -the other girls, whose mothers forbade them to associate with one who had -been in prison, lest they should be taken in charge also. It is an offence -to associate with some classes of offenders and criminals, and the -cautious among the dwellers in these districts do not care to take risks, -so they try to keep clear of anyone who has been in the hands of the -police. The law may be right enough, but you will not get them to believe -that the innocent person is safe; not if he is poor. "Keep awa' frae -Jeannie. She's been in the nick; an' if they see you wi' her they'll maybe -think you're as bad, and land ye there tae." They would help her if they -could, but they fear that association with her would only hurt themselves -and do her no good. Those who have been in prison themselves will go with -her, and those who are reckless; to their company she is confined, for she -will not take to religion and the help of its professors. She is soon back -again; as cheerful and as tractable as any girl could be. - -In essence it is a common story. The police could have done nothing else -in the circumstances, and she had no grudge against them, but admitted -that they had treated her fairly; can as much be said for those who by -persistent nagging force the hands of their officials, and who are more -bent on punishing offenders than on mending their bad manners? We have -lost the personal interest we ought to have in our neighbours; we have -gone out from among them; we have cast on officials duties we ought to -undertake ourselves as citizens, and the result is an increase in the -number of offences. In themselves these offences are small matters, but -the offenders in many cases find themselves in prison for the first time -as a result; and it is the first time that counts. Every time a man is -sent to prison for a small offence committed he has been given a push -towards the life of a habitual offender; and the poorer and more destitute -he is the greater difficulty will he have in overcoming the effect of that -conviction. His first appearance may be on account of a small -transgression, but there is a common saying that is often taken to -heart--"As well be hung for a sheep as a lamb." - -The absence of personal interest in their neighbours on the part of men in -crowded districts not only permits atrocious assaults and homicides to -take place in the very heart of a densely populated district, but it -allows thieves to exercise their profession unmolested because unknown. It -also enables them to escape observation when they are being sought for. -The city is their hunting-ground and their refuge. - -Crime is largely a by-product of city life. It might be mitigated if we -were more public-spirited; but it will always be an evil crying out -against us, so long as we permit conditions to exist which shut men into -dens under circumstances that make decent communion and fellowship between -them difficult if not impossible, and compel them to remain there till -they can pay a ransom to the man who holds up the land for his profit or -his pleasure. - - - - -CHAPTER III - -IMMIGRATION AND CRIME - - The stranger most likely to offend--The reaction to new - surroundings--The difficulty of recovery--The attraction of the - city--The Churches and the immigrant--Benevolent associations--The - alien immigrants--Their tendency to hold themselves apart-- - Deportation--A language test required--The alien criminal--His - dangerous character--The need for powers to deal with him. - - -A majority of the prisoners dealt with in Glasgow police courts are not -Glasgow-born; and this holds true of outlying towns. It is the stranger -who is the "bad one." - -The town-bred man more readily accommodates himself to the conditions of -life there. He grows up among them and his life is rooted in them. While -he is yet young his steps are directed for him, and he learns to avoid -dangers into which the stranger may fall. There can be no association of a -man with his neighbour anywhere without some degree of conformity to a -common standard of conduct. No one can outrage the social customs of his -companions with impunity; and everybody is more or less influenced by the -opinion of those for whom he has a regard; so he conforms to the standard -of behaviour set by the circle in which he moves and is steadied thereby. -If, as is generally the case, his companions are not ill-disposed, he is -likely to be a law-abiding citizen; if otherwise, he will get an impetus -towards crime. In any case he is of the soil, and his growth can the more -easily be watched and directed. - -The man from the country finds himself living under new conditions that -may rapidly make or mar him. He is away from the friends to whom he looked -for guidance; he is cast on his own resources and must exercise an -independent judgment; a temptation is not checked by the consideration of -what the family would think; and having nothing but his own inclinations -to consult, he is more likely to run loose than he would be when at home. -He is not necessarily more vicious or more foolish than his town-bred -brother; but he is not accustomed to the same kind of temptations, and can -neither resist them as well nor yield to them as gracefully. He is -therefore more likely to succumb, and more likely to suffer severely from -the consequences if he is found out; for just as he is handicapped by the -want of guidance, being a stranger he is not so likely to get proper -assistance if he falls into trouble. - -Men are attracted to the city by the hope of increase in pay and pleasure; -and though in some respects the life seems unattractive enough, they still -come. The only people who are certain not to come, and perforce to stay, -are those who have a home in the country and fixity of tenure there. Their -sons may and do invade the towns, but when they do not succeed there they -return to the land. Workmen in the country are as liable to lose their -situations as townsmen; their work is hard and their hours of labour are -long; they think their pleasures are few and dull compared to those men -may have in the city, and they gravitate to it. They are drawn in by its -glitter, and driven in by the drabness of country life; sometimes also by -the clearance of men to make way for the huge pleasure-grounds that -disgrace Scotland, and have resulted in the replacement of men who drew -their subsistence from the soil (living a hardy life and rearing a healthy -race) by deer and their keepers. When the landless man comes to town and -fails to find steady work, he cannot go back to the country unless the -family of which he is a member have some hold on the land. The children of -crofters do go back in times of depression, returning to their father's -holding and working there; but the others swell the ranks of the -unemployed and are in peril of degeneration into the loafer or criminal. - -The Churches play an important part in helping those young people from the -country who are recommended to them; but many never connect themselves -with Churches when they come to town at first. Some make a beginning, but -drop off, not so much because they dislike religion, but because they like -occasionally to talk and think about something else; and in comparatively -few of the Churches is the need for providing social intercourse -recognised. A man filled with the missionary spirit can find numerous -outlets for his energies, for there are evangelistic meetings held in all -districts and on all nights, and they welcome new-comers; there are also -temperance societies engaged in the propagation of their ideas; but the -majority of people who migrate to our towns are not prepared to engage in -that kind of occupation in their leisure hours, and they have just to -drift for the most part. - -There are Benevolent Associations of the natives of one county and another -which have a powerful influence for good in aiding those who come under -their care, but that they do not cover the whole ground is evident from -the fact that many of their compatriots are never heard of by them. That -they stand by one another in an admirable way is undeniable, and their -influence is so strong that for certain kinds of public appointments in -Glasgow the Glasgow man has a poor chance--there being no Society of the -Natives of Glasgow in that place yet. - -The absence of family counsel and constraint which may lead to the -degradation of the man who takes the wrong turn, may be a powerful aid to -his rise if he gets on the right track. He has to think and act for -himself; and his freedom from ties enables him to attend more exclusively -to his business. The immigrant to the city from the country is largely -represented in prison; but he is also largely represented in the town -council--and the one place may be held to be as typical of the reward of -the ill-doers as the other is of the well-doers. - -There is another immigrant whose conduct usually receives more attention -from the public, viz. the alien. In the West of Scotland foreigners are -present in large numbers, having this in common, that they tend to form -little colonies wherever they settle, retaining many of the habits they -have brought with them, and remaining aliens in the sense that they are -not absorbed in the community as they ought to be. In the collieries in -various parts of the West of Scotland large numbers of aliens are -employed. Their names, which in many cases are difficult either to -pronounce or to spell, have been set aside by somebody or other and local -names substituted; so that it is not uncommon to find a man with a -familiar name who is quite unable to speak the language of the country. -They keep themselves apart, and do not usually interfere with others, but -some of them get into trouble through fighting among themselves. -Ordinarily peaceable and tractable, they contribute a fair quota to the -number of serious assaults committed, though the person assailed is -usually another alien. Their ignorance of the language also makes them a -source of danger to others. - -When they have done some wild or criminal thing the culprits are deported, -after they have served their term of imprisonment; but their isolation -from the life of the district has in many cases contributed to the -offences committed, since it has prevented them from acquiring the point -of view of natives of this country and has caused them to follow the -customs of their own land. Any proposal to prevent their settling here -would come with a very bad grace from us, whose relatives are scattered -all over the globe and who pride ourselves on the fact. They are healthy; -and are neither wild nor intractable, but are generally industrious and -steady. In their interests and our own it is surely not advisable to -permit them to continue as colonies apart, separated from us by the bar of -language. - -It would be no act of tyranny or hardship to insist that every alien -settling here should, within twelve months of his arrival, satisfy the -local authority of his fitness to speak the language sufficiently well to -enable him to understand others and be understood by them. At present it -is no uncommon thing to find men who have been in the country for years -and are yet unable to engage in the simplest conversation in English--or -Scotch if you like. In one homicide case the accused had been in the -district for sixteen years, could only speak a broken dialect, and -required to have the simplest statements interpreted to him. In the city -this condition of things is less marked, but as a general rule -aliens--apart from the professionals--who are committed to prison do not -speak the language intelligibly, even though they have been some time in -the country, and that for the same reason--they get on all right without -it. The Italians and others who are largely engaged in trading, pick up -enough to enable them to understand and be understood; their occupation -makes this a necessity; but even among them the interpreter is far too -often required. People are generally given to save themselves trouble; and -to learn a language is troublesome. If they can escape the necessity they -will do so, and there is no need to blame them for it. But their ignorance -is a trouble and a possible danger to us, and it does not seem to be -unreasonable to ask that it should cease. - -There are other immigrant aliens who do speak the language and who are -present in the large cities. These are the professional criminals who -import their vices, and work their business, in a very systematic way. -They are more remarkable for their knowledge of the law than for their -ignorance of the language; and they are a very dangerous although not a -very large element in the population. They have an organised system of -correspondence and go from one part of the country to another, where they -have connections. They employ skilled lawyers for their defence when they -get into trouble, and within certain limits assist each other in the way -of business. There are some of them capable of any atrocity, and they are -all quite different from the ordinary criminal of the professional class -familiar to us here. They have a certain amount of polish, and an aptitude -for appreciating the standpoint of others sufficiently well to get on -their blind side. As for moral sense as we understand it, it does not seem -to exist in them. - -Crime is their business and they place business first. When they are -convicted they are deported, but their resources and organisation enable -them to escape conviction very often. They require to be dealt with in a -much more drastic way than the law at present permits; for they are not -only a danger because of their depredations, but their presence and -conduct incite our own undesirables to do things they would not otherwise -attempt. As the law stands the onus of proving their undesirability rests -on the police, and it is very difficult to get positive evidence. If they -were required, on the initiative of the police, to prove to the -satisfaction of a court that they were earning an honest living, they -would find it impossible to do so. It may be objected that this is like -assuming a man to be guilty till he proves his innocence, which is -contrary to practice and a bad principle on which to act. As a matter of -fact, it is acted upon with our native thieves, once they have been -convicted; they may be charged with being found in possession of property -and required to account for having it or go to prison; and they can be -summarily tried. - -In respect that a man is an alien he might reasonably be required to show -that he is not living off the proceeds of crime, as a condition of his -being allowed to remain in the country. He may be refused permission to -land if his character is known; but these people know how to get past the -immigration authority. Why they should then be free to transgress until -they trip and are caught it is difficult to see. If an alien seeks -citizenship here he must satisfy the authorities that he has lived for at -least five years in the country and during that period has been a -reputable citizen. The onus of proof is on him, and it is not assumed that -because he has never been convicted he should be naturalised. The -examination to which he voluntarily submits in order that he may become a -British subject he need not undergo if all he wants is the protection of -our laws while he is living by breaking them. I suggest that just as some -aliens have to submit to examination before being allowed to land, those -who have given the authorities occasion to suspect that they are living by -illegal means should be cited to appear before and satisfy a court that -their conduct is such as to justify their being permitted to remain in the -country; and failing their appearance, or their being able to do so, that -they should be arrested and deported. - - - - -CHAPTER IV - -SOCIAL CONDITIONS AND CRIME - - The millionaire and the pauper--Ill-feeling and misunderstanding-- - Social ambitions--Case of embezzlement--Preaching and practice-- - Gambling--The desire to "get on"--The need to deal with those who - profit by the helplessness of others--Political action--Its - difficulty--Legislation and administration--The official and the - public--Personal aid--Fellowship. - - -Our social inequalities are the cause of much serious crime. That such -inequalities always have existed is undeniable, and that they may continue -to exist is at least likely; at any rate, there is no immediate prospect -of their abolition; but the form and degree they take are variable. Within -recent times the gulf between the wealthy and the poor has been widened. -The pauper is an old inhabitant, but the millionaire is a new portent. The -rich man of our grandfathers' day was a local magnate who might be -capricious, but who could be personally approached. His successor is -cosmopolitan. The poor in those days were not so well informed as they are -now that the ends of the earth have been brought together, and the -mechanical inventions that have brought wealth to many have enabled the -multitude to get a wider outlook on the world. A rich man may be courted -for his riches, but they do not now gain him reverence from the poor. - -If free education has not educated the masses any more than the expensive -kind has educated many of the rich, it has enabled them to read. They know -more than they did, and with the access of knowledge discontent with their -condition has increased. For good or ill many of them have lost the fear -of hell, but the fear of the poorhouse is still with them as with many who -are better off. The desire to make money dominates all sorts of people, -and in the effort men are marred. Each sees the greed of his neighbour, -but fails to see that he shares the vices of those he condemns. The man -who is "successful" is critical of the faults of those less fortunate; and -they in turn are often too ready to attribute his position to his absence -of scruple rather than to any ability he may possess. There is envy on the -one side and distrust on the other; but out of, and in spite of, it all -there is steadily growing an effort towards co-operation and mutual help. - -In the welter of conflicting interests there is much done that every man -would disapprove if he saw it done by his neighbour. Yet those whose -conduct is most shady are often not conscious of the enormity of it, being -too much engrossed in the end they seek to be particular as to the means; -and that end is not always an ignoble one. They mean to do great things -and kind when their ships come home; and they do not see that the question -for each of us is not, What would we do if we had what we desire? but, -What are we doing, being what we are and where we are? - -In the thirst for wealth dishonest practices are condoned in business, and -within the law robbery is allowed. There is a disposition to take more -account of what a man has than of what he is; and this cannot fail to have -a vicious effect. X 19 was a young man who held a position of trust and -received a small salary. He had no showy vices and, so far as could be -ascertained, not many others. He was strong in the negative virtues; being -an abstainer from drink, tobacco, and such things as are affected by -pleasure-seekers and cost money. His employers were quite satisfied that -they had in him a model servant; but they found their mistake, and were as -unreasonably indignant as they had been unreasonably pleased; for he had -been conducting a very ingenious system of fraud upon them. With the money -he had abstracted he had been speculating in shares, and he had been -successful up to a point. If his last venture had turned out well he would -have been able to resign his situation and live virtuously ever after, -first paying back to them their money. This is what he calculated would -take place, and if his expectations had been realised nobody would have -known of his misfeasance; but he lost on his venture and there was a -crash. He pleaded guilty to embezzlement and was sent to prison for a long -period. He had disposed of a considerable sum of money, but the curious -thing about it was that he claimed that he was simply doing what his -employers lived by doing--using other people's money without consulting -them as to details; though he admitted that in their case they were in a -position to meet claims, and their clients knew that their money was not -lying in a safe. He took his sentence quite philosophically, with the -remark that he had observed that people who had defrauded certain kinds of -commercial corporations, such as banks, always got longer terms of -imprisonment than those who merely robbed poor people; and as the firm -that employed him was a big concern he would have to be made an example -of. He was shrewd in his observations, however wrong-headed they were in -some respects, and he is not the only young man who has taken the risk in -the attempt to acquire riches and who has argued in the same way. The -number of those who are tempted to do so will diminish when it is shown -that the successfully dishonest person is as much condemned by the opinion -of those whose society he seeks as the failure is condemned by the law. - -Men young and old go wrong in the endeavour to make a show. They want -position and are willing to pay for it even at the expense of others; -indeed, there are many who spend as much effort and energy in intriguing -to get a position they could not fill as, if properly applied, would -enable them to qualify for it. Some want to be social leaders, and exceed -the limits of their income in the attempt. So long as they merely get into -debt their creditors are the losers, but there are limits to credit and -their situation may offer them facilities for peculation. The intention is -to repay the money; but the honourable intention may be out of their power -to execute, and the criminal act brings them to disgrace and ruin. In all -cases where the process has gone on for years without discovery, the -offender is found to be firmly persuaded that he is rather an ill-used -person, and that if he were only allowed time he would be quite able to -show a balance on his side of the account. This suggests the reflection -that his conduct must have been often under review by himself, and a -wonder as to how long he has taken to twist his mind to a belief in his -own integrity in face of the facts; yet it is only some such belief that -has enabled him to continue his defalcations. It is sometimes matter for -surprise to the public that men who have continued to embezzle funds for -years should have appeared so respectable; but they are not acting a part; -they have convinced themselves of their uprightness through it all, and -that is a very important step towards convincing others. - -Even the Churches are not free from the imputation of making the end -justify the means; and with lectures against gambling they sometimes run -lotteries to obtain funds. This does not show bigotry against gambling, -but it can hardly help to drive home the objection to the vice. Example is -worse than precept in these cases. - -The Press, which reaches a wider audience than the pulpit, is becoming -more a means of making money for its proprietors than a medium for the -formation of reasoned opinion; and some papers have organised sweepstakes -under the thinnest disguise. As for betting, there are numerous papers -that depend on it for their profits. Workmen and women pore over the -betting news and run into debt to back a horse. The misery that many -entail on themselves and their dependents by this conduct is widespread, -and efforts have been made to check it, but it does not seem to be -diminishing. As a rule it is safe to assume that people do not bet with -the intention of losing, but with the hope of winning. It is not harmless -excitement they seek; it is money they want; and they argue that they are -doing nothing different from what is done by wealthier people on the Stock -Exchange. They know as little about horses as those who speculated in -rubber knew about that substance; and they have no interest in improving -the breed. They want to be rich without working, and they see that some -men manage it. The losers are forgotten; and what do they matter anyway if -_we_ win? - -This spirit of selfishness and greed is not confined to the gambler, -though it shows itself nakedly in his pursuit; and before it can be -exorcised a better conception of our duty to each other will require to -be attained. Meanwhile it is a small thing to prosecute bookmakers and -those who deal with them, if the higher forms of gambling are left -untouched. The poor cannot afford to gamble and must be protected from -themselves; but can anybody afford to gamble? Can the State afford to -allow them to set such an example? The whole evil has been dealt with in a -peddling spirit. The bookmakers stand to win, whoever may lose, but they -are not the people who gain most. They are not an influential class, -however. If the newspapers were prohibited from publishing betting news -the machinery for the gamble would fall to pieces; but if this were -attempted there would be a howl, for they are not without influence. So -there are difficulties. There always are difficulties when influential -people have to be dealt with; and it is much easier to hit a little man -than a big one--but the profit is less. I do not say that there are not -those who gamble for the sake of the excitement, but that these do not -come to prison as a result. The man who does run grave risk of landing -there is he who gambles for the money that he may win but that he usually -does lose. - -The desire to shine among others is at the root of much of the foolish and -criminal conduct of many men and women. It is not necessarily an evil -desire, but the methods adopted to secure admiration may result in evil. -There is much talk of the dignity of labour, side by side with the worship -of money. If people draw the conclusion that the dignity of labour means -that one man should work that another may spend, they are likely to make -an effort to escape the dignity. They hear of the blessings of poverty, -but they see that among them are not comfort and social consequence; and -in so far as they prefer these they will let anybody else have the -blessings. To admit that some must be poor if others are rich is not to -accept the poor man's lot for oneself. So long as honest work is only -given formal praise and poverty implies practical hardship, while the -possession of money is allowed to create a presumption in favour of a man, -there will be those who will seek to get it by any means in their power. -If we paid the homage to poverty that is given to wealth we might -reasonably expect to find these people content to be poor; but while there -is no likelihood of that being done, we may as well face the fact that our -social inequalities result in the commission of crimes against property -among a proportion of those who have a chance of helping themselves -thereby. The great mass of men and women--rich and poor--do keep free from -grave offences, living their lives quietly and discharging their duties as -citizens according to their light and their ability; but these false -ideals stimulate many to the commission of crime. It is well, therefore, -to remind ourselves and others that ultimately a man is judged not by what -he has but by what he is, and to recognise that a man is foolish if he -sacrifices his life and dwarfs his personal development for any social -advantage whatever. - -The conditions which engender crime may be greatly modified and in many -cases may be destroyed by political action. Crime is largely a concomitant -of city life, as we have it. To live properly people need room, and so -long as the present congestion exists all our efforts can at best palliate -the evils which infest and infect us. We may regulate the sale of drink in -order to prevent drunkenness; we may classify our poor and attempt to -relieve their poverty; but drink and poverty are factors which remain -comparatively inactive in the causation of crime, except where men are -packed together to the degree in which we see them. Let our cities -continue to be hemmed in and built in the air instead of being spread over -the earth, and we shall require additional sanitary regulations to combat -disease and more police laws to cope with crime, while the numbers in our -institutions will increase. - -The city is the product of our industrial pursuits and the methods by -which they are followed; but the city as it exists is no more necessary to -the life of the community than the city before the day of Public Health -Acts was a necessary part of our civilisation. Men could live conveniently -near each other and work at the same occupation, at least as efficiently, -if they had room, as is possible under the cramping conditions that exist -at present. Man's life ought to be something more than his work; and there -will be more who work to live when there are not so many who merely live -to work. Reform your cities; or rather see that men are not allowed for -their private interests or pleasures to "do what they like with their own" -in defiance of the public welfare, and the cities will reform themselves. - -The tenants of the crowded districts are hustled by the law, which in some -cases they offend from sheer inability to do otherwise. When those who -make a profit by the existing conditions of affairs are as summarily dealt -with there will be a possibility of improvement. There are some landlords -who assume the supervision of their property and of their tenants, but -others are merely rent collectors; and their carelessness provides -opportunity for the criminal classes to hide themselves. So long as the -law allows men to make a profit by denying others access to the land -except on payment of whatever ransom they choose to exact, the cities will -remain crowded and the country will become depopulated. When the landlord -is made to pay if he will not let his land be put to its most profitable -use, there will be less inducement for him to withhold it for a time in -the hope of realising a famine price from the needs of the community. It -is poor policy to punish people for the results of the strain to which -they are subject while those who profit by the cause are left alone. - -But political action is slow and political parties are--what they are. To -most of us a change of Government means that Lord This is replaced by Mr. -That; probably relatives, and almost invariably belonging to the same -caste; none of them particularly hasty in applying the remedies in which -they believe--for when it comes to doing things instead of talking about -them a great deal more depends on sentimental impressions, the result of -friendly contact, than on intellectual opinions and political theories. -Politicians are like other people; their imagination can more readily -picture the result of action as it affects their own friends than as it -affects those of another social class. Those who have a vested interest in -the present conditions of things may personally suffer by any remedial -change; and though there are many who are magnanimous enough to place the -public gain before all else, there are far more who honestly cannot see -that any measure whereby they would suffer a private loss can possibly be -a public gain. They are often very estimable persons, and knowledge of -that fact paralyses the action of their friends who are politically -opposed to them. - -It would be so much more easy to remedy evils if those who profited by -their existence were only ill-natured and grossly selfish people; but when -they are kindly and courteous it is a pity to push them. Besides, they are -often widows and orphans; for there is a remarkably high rate of mortality -among the husbands and fathers of people who have money invested in land -and in breweries. There are other widows and orphans, however, who have no -intimate friends in Parliament, and whose condition cannot appeal so -powerfully to the imagination of Ministers because they belong to another -class. The trouble is that the measures that would aid one set of widows -and orphans would hurt the other; and even when legislation is passed its -action is delayed out of tenderness to existing interests. - -There are many men in every Parliament who are anxious to remedy the bad -conditions they see around them, and they are not confined to any side of -the House; but there is no popularly elected body in the country where the -private member has so little power. In a Town or County Council he has a -vote in the election of the executive, and if he is not pleased with the -conduct of those whom he helps to office he can let them know the fact -pretty effectively. The Member of Parliament finds the Government formed -without any consultation with him on the subject, and if he belongs to the -same political party it is disloyalty for him to criticise Ministers -unfavourably. He is, however, allowed to praise and defend them, and this -usually keeps him tolerably busy. For the rest, he must never vote against -them except on a subject that they count of little importance and on an -occasion where they are quite sure of having a majority without him. He -must keep his own side in, no matter how much he disapproves of their -conduct of business; and he must recognise in practice that the men who -lead are the party. The people who sent him there may replace him at the -first opportunity, but he will have the consolatory reflection that if the -other side has got in it is only to behave in the same way. Some other -members of the families whose hereditary genius for governing the country -has made us the great nation we are will fill the posts their relatives -have vacated; and the electors will continue to have the shadow of -representative government while the substance remains with their betters. - -Whatever the laws may be, much will depend on their administration. The -more the Parliament is occupied in discussing legislation the less -attention can it pay to administration. The real executive power thus -passes into the hands of the permanent officials; and the tendency is that -they should direct, as well as carry out, policy. As the public -departments extend their activities they are brought more closely into -contact, and it may be into conflict, with the lives of the citizens; and -it is all the more necessary that the powers given to them should be -exercised in consonance with the views of the representatives of the -public, or the public servant may become the master of those he serves. A -man may be both able and zealous, but if his ability and zeal are employed -in the wrong direction he is a greater danger than a stupid and lazy man -would be; yet if he is not guided and directed in the path he ought to go -he can hardly be blamed for following his own judgment. - -The only security that public departments will act in accordance with -public opinion lies in their intimate supervision by representatives of -the public. At present it is notorious that only a nominal supervision -exists, and this is bad for everybody concerned; bad for the Member of -Parliament, for his constituents will not separate administration to which -they may object from legislation which they may approve, nor his votes -from the acts of the departments; bad for the officials, for the desire -for power grows with its use, and the heads are in peril of confusing -their will with the public interest and their prejudices with the good of -the service, while their subordinates will be tempted to a servility that -is fatal to faithful discharge of duty, if they get the idea that their -comfort and their promotion depend without appeal on their chief; bad for -the public, for it is a poor exchange to overthrow the tyranny of an -arbitrary monarch and to live under the unchecked dominion of a Board. -This condition of things may seem far off yet to many, but it has arrived -already so far as some of the poor are concerned, for they are hurried and -worried and prosecuted by zealous officials for doing things they cannot -avoid doing; and for my part I do not believe that that is in accordance -with public opinion, though I do not attribute blame to the officials -concerned, who are only acting according to their light. - -Where there are an enlightened public opinion and a real public interest -in affairs it is better for all concerned; and though Parliament may fail -to deal with those whose interests conflict with public needs, there are -many things that private citizens can do to mitigate existing evils, even -although there were no new legislation passed. Officials could be aided -and encouraged to aim at the prevention of wrongdoing rather than at the -punishment of the wrongdoer. We might set about to see that more -opportunities of reasonable recreation are provided, and to find out -wherein and why our present provision fails. Employers might take a -greater interest in their workers, and if they sought to learn from them -would be in a better position to teach them. The Churchman might easily -come more closely into contact with some less fortunate member of the -congregation and give kindly aid and counsel; or receive it, perhaps, -where he would least expect it. All of us might see, if we looked a little -less to our own business and pleasure, that there are many around whose -struggle is a sore one, and whom a friendly interest would help far more -than any gift. Many there are who, although neither able to pay nor to -pray, could do much good and gain much by personal service. It would help -as nothing else can to a better understanding between us and our -neighbours, and a more acute apprehension of the evil surroundings in -which so many are compelled to live. - -Men go wrong and keep wrong for the lack of good fellowship; and the -conditions which keep them struggling in a crowd hinder the fraternising -of man with man. The man who is comfortably seated in a theatre has time -and opportunity to look around him and to observe his neighbours if he -choose. He will not be uncivil to them, even if he take no interest in -them. Put him in a crush at the door, and in the effort to get into the -place or out of the crowd, he will not have the chance, even if he had the -will, to keep his elbow out of the ribs of his neighbour, though that -neighbour were his dearest friend. How many are crowded together -struggling to get out of the welter and too busy to take much interest in -others! I do not forget that there are many good people who are interested -in the poor and fallen; but it is those who are in danger of falling that -get least attention. There are mothers who are struggling on to save their -sons from the ruin to which they are tending, and children who are trying -to redeem their wayward parents; in face of all failures striving with a -patience as admirable as it seems futile; but there are few to help. Let a -father turn his daughter out for her misconduct and shirk his duty as a -parent; let her go headlong to the gutter; and when she is sufficiently -stained there will be rescuers tripping over each other to aid her. The -pity is that so often they should be more interested in trying to make -people conform to their ideals than in helping men and women for their own -sake. Most of us have not been so brilliantly successful in ordering our -own lives that we are justified in directing the lives of others; but by -interest in those who are having a harder struggle to live than has fallen -to our lot we may not only encourage the individual to better effort, but -we shall see more clearly what needs to be done by us as a community, not -to make men, but to remove those conditions which tend to enslave them. - - - - -CHAPTER V - -AGE AND CRIME - - The inexperience of youth--The training of boys--Case of a truant-- - Another case--Intractability--The foolishness of parent and teacher-- - The absence of mutual understanding--Recreation--Malicious mischief - and petty theft--The cause thereof--The need for instructing parents-- - Pernicious literature--The other kind--The modern Dick Turpin--The boy - as he leaves school--Amusements--Repression--Blind-alley occupations-- - The Adolescent--Physical strain of many occupations--Unequal physical - and mental development--The street trader--Hooliganism--Knowledge and - experience--The perils of youth--Old age. - - -The great majority of those who enter prison for the first time are young -persons, and in many cases they do not show any great degree of moral -turpitude. "As the twig is bent the tree is inclined," and what might have -been merely a phase of recklessness or a passing mood of lawlessness is -sometimes made a fixed habit as a result of the way it has been treated. -The younger the person the narrower is his experience, other things being -equal. In making the experiments which give experience we may hurt -ourselves and others. - -There are some who are content to accept the statements of others and to -yield an easy obedience to those over them, but in early life the number -is not great; and where the elders are too busy to pay much attention to -the young there is a greater need for the boy to find out things for -himself. Rules of life as they are presented to many boys consist of a -series of prohibitions, and it is not always the worst boys who kick -against them. Wild and intractable boys do not always grow up into bad -citizens; but if they are taken in hand by the penal machinery of the -State there is not much chance for them. They may imitate the showy vices -of their elders not because they are vices, but because they are showy. -They do not admire the wrong things more frequently than grown-up people, -but they show their admiration in a way that is sometimes awkward both for -them and for us. They are misunderstood and condemned when they persist in -going their own way, although the cause of their vagaries may be simple -enough if an attempt were made to find it. X 20 was a boy of ten, the son -of a man in a comfortable position who had lost all control over him. The -boy had run away from school, and had left his home more than once and -gone wandering in the country. His father had coaxed and beaten him -alternately without any beneficial result. His schoolmaster informed me -that the boy was usually quiet and tractable, but did not take much -interest in most of his work. He was not of defective intellect and he -would not apply himself to some parts of the school course. He was fond of -animals. I found him suspicious and reserved; but as he had been told that -he was to be seen by the prison doctor, and as he evidently had expected -to be confronted with an animated bogey-man, there was nothing surprising -in that. He answered questions in monosyllables or not at all, but he -promised that he would come himself to my house and see some things which -I thought might interest him. I would not allow him to be brought to me, -though he lived some three miles off, and he kept his promise and came. -With the aid of some other juveniles he was made to feel at ease, and I -found he could tell a good deal about animals, such as tadpoles and -frogs, and that he had a real interest in such things. He came back -several times, and in an indirect way he was advised of the danger of -doing what his father had objected to; but it was perfectly evident that -his conduct had been the result of the way in which he had been treated, -and fear had caused him to commit at least some of the actions that had -given cause for complaint. Those who had charge of him were more in need -of direction than he was; for they had acted on the assumption that they -understood what was best for him, whereas the fact was that they had not -the faintest idea of the disposition of the boy, and were simply driving -him to extremities in their efforts to keep him right. They were -repressing instead of directing his tendencies, with disastrous -consequences. His schoolmaster understood; and he was permitted to act on -his knowledge with satisfactory results, the parents never having thought -that he was as likely to be able to instruct them as to teach their boy. -In this case the boy was fortunate beyond many others in respect that his -parents were able to seek and obtain advice when they became alarmed -because of his behaviour. They were in a position which enabled them to -give him the necessary attention when they learned what was required. - -X 21 was a boy who had developed the habit of playing truant from school -and had come under the observation of the attendance officer. He was in -danger of becoming an associate of city undesirables. His mother was a -decent widow who had to support him and herself by casual labour. She was -obliged to go out in the mornings to clean offices and he was left to -himself. She was loth to have him sent to an Industrial School, but she -preferred that that should be done to running the risk of having him get -into the hands of vicious persons. There was no question as to her -rectitude, and as little of her ability to look after him when she had the -power; but she could not be out working and at the same time be -discharging her maternal duties in guiding him. So he had to be sent to -the institution. In a case like this--and they are not uncommon--it would -be far better to free the woman from the need of leaving her child and see -that she looked after him. She has a greater personal interest in him than -any official person can have and it need cost no more; while the gain in -character cannot be measured in terms of cash. The mother's burden is -greater than she can bear, and that is a reason for relieving it; but it -is no reason for breaking up the family and loosening the tie between -parent and child, and the practice cannot even be justified on the score -of expense. - -Boys get the name of being bad when they are intractable, but bad boys are -fewer than bad men. There are too many people who are driven to assume -that they know what is best for the boy--or the man--and that without -making any attempt to understand those for whom they prescribe. When a boy -rebels against the line of action laid down for him it is taken as -evidence of his wickedness, though it may only show his good sense. He may -be doing the wrong thing with a purpose more reasonable than that of his -mentor, but he is likely to find that his intention will meet with no -sympathetic consideration even if he reveals it, and his action will meet -with punishment if he owns it. He is encouraged to lie in the hope of -pleasing his master, and when he is found out his iniquity is magnified. - -Boys are far more given to the attempt to find the point of view of those -who are in authority over them than grown-up people are to find the -standpoint of the boy; and children will often show a deeper knowledge of -their parents than the parents have of them. If instead of assuming -knowledge and showing ignorance parents would try to understand, there -would be less disposition to rule the young by general prohibitions and a -freer hand given to them in the choice of their pursuits. Left alone, the -child will show its bent; it is not for the parent to thwart its -aptitudes, but to direct them into useful channels. Many are made -miserable by being set to books, and others are made equally wretched by -physical drill. Every year brings forth its own fad. The adult may keep -free from its tyranny to some extent, but let it find a place in some code -or other and every juvenile runs a grave risk of being subjected to it, -because someone in authority who knows nothing about him or his needs has -so ordered it. - -The boy is kept at school for nearly as many hours in the week as many men -work, and when he is set free from its restraint he runs wild--if he is -not too tired, or if he has not been set tasks which cause him to work -overtime at home. He gets into mischief, and is denounced for his misdeeds -and the trouble and annoyance he causes; but boys are not more mischievous -than they were. There are few adults who have not been a great nuisance to -others in their own early days, but too many of them seem to have -forgotten all about that. By all means let the boy who has played some -mischievous prank be restrained and corrected, but in choosing the method -it might not be a bad plan to remember the exploits of a boy who was no -better in his day than the culprit is, if no worse. When we show that we -recognise a clear distinction between cramming juveniles with knowledge -and educating them, they will learn at the school how to amuse themselves -without annoying others. At present they are in this respect left mainly -to their own devices, and in very few cases is there any serious ground of -complaint against them. Considering their imitative tendencies and the -incitements many of them have towards wrongdoing, it is wonderful how few -go far astray. - -When a boy is sent to a reformatory he has opportunities given him for -play, and the importance of providing different forms of recreation for -him is not ignored. This is by some called "putting a premium on -wrongdoing," and yet in spite of the reward there are few boys who -deliberately adopt a course of law-breaking in order to have the -advantages of life in that institution. Either they are too stupid or -there is not such a bias on their part towards evil as some would have us -suppose. The recreation which forms part of the means adopted to reform -the boy who has transgressed might conceivably prevent transgressions if -it were placed within the reach of others, especially as the association -of boys whose common interest is that they have all been before the courts -is not likely to make for their improvement. - -Whatever its defects as an educational institution, the school has this to -its credit, that a better standard of conduct is maintained than could be -acquired by many of the scholars if they were left to grow up under the -conditions that obtain in their homes. Now and then someone does a -particularly shocking thing, and until quite lately when this occurred the -offender was liable to be brought to the police court. Now there is a -special court for dealing with children, but as there is no change in the -judge or in the officials before whom the child appears, all that has -been gained is his separation from older offenders. This is something to -be thankful for, but it is a minor mercy compared with what ought to be -done. He is more a subject for treatment by those whose experience enables -them to understand children than a "case" to be tried by a magistrate -whose traditions are those of the criminal courts. - -Most of the charges are acts of malicious mischief or petty thefts. The -offenders have got out of parental control or have eluded the supervision -of their parents. In some cases the parents are culpably careless or -negligent, taking little interest in their children and making their home -worse than it need be. They spoil the child without sparing the rod, for -the boy is often hammered without mercy when he annoys them. He keeps out -of their way and may fall into bad company and bad habits. Most of these -boys show evidences of neglect in their appearance; but they are not, -though they may become, desperadoes. Others go astray not so much from the -culpable neglect of their parents as because, with the best will in the -world to guide the boy, the parent is either incompetent to do so from -sheer stupidity, or, more frequently, from being too busily engaged in -trying to make a livelihood to have the necessary time to give to his -care. A smaller number are the children of parents who are quite competent -to look after them, but who have failed to keep themselves in sufficiently -close touch with them--which is a more difficult thing to do than it -seems. - -At school the boy may be under good guardianship, but he is away from his -mother during the greater part of the day, and he may pick up companions -who will not exercise the most favourable effect on him. They need not be -bad, but they may be bad for him. Out of school hours he seeks for -recreation, and in the effort to obtain amusement of a special kind he may -take what does not belong to him, and be found out and complained of; or -not be found out and continue the practice. It is all very simple and not -at all uncommon--except in the result. Honesty has to be learned, and some -people never learn it; though they never commit crimes. There is a -difference between being honest and being dishonest within the law. There -are few women or men who have not at some time or other "dishonestly -appropriated property," though they did not express it that way when they -abstracted sweets well knowing the penalty if caught. Some boys do not -steal sweets, but they steal money to buy sweets; and in the same way -others steal money to pay the price of admission to a place of -entertainment. Sometimes they break into shops to steal, and they are then -young criminals; but this rarely happens when the necessary money can be -picked up at home. - -In a young person the desire for pleasure is naturally too strong to be at -first repressed by a sense of the rights of property. He does not need to -be taught that sweets please the palate or shows delight the eye; but he -requires to learn that in the long run honesty is the best policy. -Children are not likely to steal if they can get what they want without -stealing, but they may help themselves when they can if they are subjected -to unreasonable prohibitions. Even men and women have been driven far out -of the right path through attempts to repress their desires for harmless -amusement and to make them take life solemnly. - -The dishonesty of children arises not so much from a perverted nature as -from an inability to appreciate the importance of honesty. It is a phase -that passes as their experience of the world grows. They can be trained -out of it, but attempts to knock it out of them are as likely to knock it -into them. - -There ought to be provision made whereby parents could be advised, -admonished, and assisted in dealing with children whom they have been -unable to control. Our Children Courts are not designed with this end in -view, and I doubt whether it makes much difference to the child who is -sent to one of our institutions that he was sent from one room in the -courthouse rather than from another. Our money would be better spent in -assisting parents who have the will to do well by their children, but who -have not the power, than in taking the children away from them. As for -those who are careless of their children, they should be dealt with for -their carelessness. In many cases the apathy they show is a consequence of -our methods. If, instead of taking the children away from those who -neglect them, we trained and assisted them, we should have better parents -and better children. If carelessness and callousness were then shown by -the parents we could proceed with justice to deal with them for culpable -misconduct. At present we are not in a position to do so, since we are not -prepared to help them to discharge their responsibilities. We make it -easier for them to neglect than to care for their offspring, and if they -lose control of them to a sufficient extent we free them from the burden -altogether. - -The spirit of enquiry and experiment leads many boys into mischief, and -some of their malicious acts are the result of it. Men too readily forget -that the boy sees things in a quite different light and relationship from -them. Some of the housebreaking adventures that look so bad on a -charge-sheet appear quite different when the story is told from the boy's -standpoint, and they do not always show such depravity as one would -expect. Some boys are always seeking adventures and becoming absorbed in -them; others are content to read about deeds of daring, and the works they -favour are often crude enough. Occasionally one is taken with a mask and -pistol in his possession attempting to rob in the highway, and then we -have homilies on the evils of pernicious literature of the "Dick Turpin" -sort, which might be more convincing if the homilists were themselves free -from connection with stuff that is worse. - -The adventurous boys are not those who read much of any kind of book; they -are too busy living. The "Blood" is devoured more by the boy who dreams -rather than acts; but of the thousands of men who as boys read prohibited -books and enjoyed them, few are likely to spend much time on the equally -sensational publications that circulate in millions among adults. On the -whole, the boy will not get a more distorted view of life from the highly -coloured papers he reads than he would obtain from some of the newspapers; -and when he is being condemned for his preference for "Bloods," it would -not be amiss to remember that these productions have never set themselves -to foment in his mind feelings of ill-will against people of other lands. -It is not the boys but the adults who are raised by the papers they read -into hysterical outbursts of senseless rage or equally senseless fear now -of one and now of another continental power; and if "literature" is to be -judged by its apparent effect, then these papers are more pernicious than -the "Bloods," which the boy prefers to the books which are designed for -his moral instruction. There is no comparison between his highwayman--a -boy's highwayman who robbed the rich and gave to the poor, to the -inversion of all social order--and the industrious apprentice who married -his master's daughter, poor girl. The hero is a hero to him because he -dares all risks, is true to his friend, is gallant and generous, and faces -death with a brave heart. If he does the wrong thing he does it in the -right way, and it is not the thief but the man who gains the boy's -admiration. As for the industrious one, even a boy knows that there are -not enough masters' daughters to go round; and if he revolts at the -selfishness of the gospel of getting on, he is right in rejecting such a -false basis of morals. We know that the boy's Robin Hood or Dick Turpin -never existed in fact; but if they exist in his fancy? - -To those who denounce them these papers are only a glorification of theft -of a particular kind, but there is no likelihood of its ever coming into -vogue again. Dick Turpin is now a company-promoter and his cheques are in -demand by Churches and political parties. He does not risk his life now, -and we are very glad to be taken into his confidence; but the boy has not -found that out yet. His books may be ill-chosen, but wholesale -condemnation will not mend the matter; and in books, as in other things, -it is impossible to tell what is good for the boy till something more is -known about him than that he is a boy. When he reads it is safe to assume -that he does so because he feels some need is supplied thereby. When its -nature is discovered a step will be made towards its better supply, but -not before. To take the boy away from the book he likes to a standard -author on the ground that it is better for him, is to run the risk of -creating in him a permanent dislike for the books chosen. - -In the city most of the boys leave school when they are fourteen years of -age, and entering on new pursuits are subject to fresh temptations. The -employment they obtain is largely a matter of chance, but whatever it may -be, they are less likely to go wrong when engaged at it than when free -from it. Their playground is the street, and there is no adequate -provision made for their recreation. On payment of a small sum they may -obtain admission to the music-halls or the picture-shows, and these latter -are largely patronised by boys. That they serve a useful purpose is -undeniable, and if the entertainment they offer may not be all that is -desirable, it is practically all that is to be had by many. Since it -cannot be had freely there are temptations to find the means, and the boy -amongst his neighbours who is worst off in respect of money is hardest -pressed. It is deplorable that some should yield to the temptation to -obtain money dishonestly, but it is idle to ignore the condition of things -and neglect to provide reasonable opportunities for the recreation which -is required after work done. There are private organisations taking the -matter in hand, but their appeal, though wide, is, and must be, sectional. -Boys' Brigades in connection with the Churches can only reach a minority -of the juvenile population, and the same statement applies to Boy Scouts. -There are those who object on principle to both organisations on the -ground that they foster the military spirit, but the militarists -themselves do not appear to share this view. Boys like to play soldiers, -but when they get sense they drop that; and meantime they play, greatly to -their advantage. As for the Scouts, they seem to represent an improved -edition of "follow my leader," and their uniform prevents their being -interfered with while they play. It does none of them any harm to believe -that they are saving their country so long as they are really saving -themselves, and no greater number of them develop a taste for a soldier's -career later in life than enlist from among those who have never belonged -to one or other of the organisations. It may be that the intention of some -of the promoters is to feed the army, but that is to leave out of account -the boys themselves and the development of their minds. Whatever the -intention, the result is good in so far as the interest of the game keeps -the boys in healthy exercise. - -The most popular of all the forms of public recreation is the football -match. Week after week the grounds are filled by tens of thousands of -spectators who find in the game they witness not only amusement for the -time, but matter of conversation and interest which outlasts the day. -Young and old they are mostly partisans, and though their conduct may -leave much to be desired, that should not distract the observer's -attention from the main fact, which is that they are enabled to find a -real interest in something which is at least harmless. There are those who -lament the fact that the spectators are not players, and who condemn them -for being merely vicarious partakers in the game. As a matter of fact, a -good many of them have played, and some of them have got into trouble for -playing. A very little acquaintance with the facts would make the -Jeremiahs aware that there is no public provision made for allowing very -many to play; that a great many who enjoy seeing others play have no time -when free from labour to practise much themselves, even if a field were -near; and that if any large number began to play football in the only -spaces open to them--the streets--there would be no room to get about. It -is not a bad plan to consider men's limitations before condemning their -pursuits, but it is too little practised. - -The football match is a strong counter-attraction to the public-house or -the aimless wander through the streets, and the football field would be an -admirable playground for many of the young, as they would readily admit; -but those who want them to play rather than to look on are never very -prominent when an attempt is made to find them the means. Some of them use -the public streets for a practice ground, greatly to the annoyance of the -passengers and sometimes to their danger. The nuisance has to be stopped -and the usual method is adopted; the universal panacea for all evils is -applied, and the culprits are taken in charge by the police. A small fine -is inflicted, with the alternative of imprisonment if the lads are over -sixteen. I have seen a batch of them brought to jail because their fines -had not been paid. All that had been done was to ensure that these boys -would not play football in the streets for several days; yet the cost of -their escort and board during that time, if expended on the hire of -ground, would have provided them and others with opportunities of play for -six months; and they do not play in the streets for choice--at least it -has not been demonstrated that they do. - -Alike in work and in play the boy's pursuits are largely matter of chance. -He has to seek employment and is generally ready to take anything that -presents itself. Some of the situations that offer most attractions to him -are of such a character as to prevent him from applying himself to work at -which in his manhood he could earn a living. In the beginning he may earn -more money at these occupations than he would if apprenticed to some -skilled handicraft, but before many years he is cast off by his employers, -unsettled by his work, and less fit and less inclined to spend time in -qualifying either for a trade or a profession. There are far too many -blind-alley occupations open to boys, and they should be closed to those -entering on industrial life. There are many men who by advancing years are -shut out from the work they have been accustomed to do; they are leaving -the ranks of the skilled workers, and they could do the work at present -done by lads with advantage to the community, since there would not then -be numbers of young persons spending the most receptive years of their -life in occupations by which they cannot hope to earn their living when -they reach manhood. - -As the boy grows to adolescence he tends to get further from the control -of his parents. His growth implies change in him, and he may develop new -needs and new desires without the power necessary to control them. It is -well recognised that in adolescence there is a special liability to -physical or mental breakdown, and short of this it is no uncommon thing -for young people to show a degree of instability that alarms their friends -for their safety. Yet in youth there are very many employed at occupations -that are in a marked degree physically exhausting. They are permitted to -take far too much out of their body, and though they may thereby develop -their muscles, they are almost certain to hinder the healthy development -of their minds. The State has interfered with some trades and prohibited -certain processes of manufacture on the ground that the chemicals employed -affect the health of the workers in an injurious way; and it has laid down -regulations for the proper sanitation of workshops. It will yet have to -consider the advisability of limiting the amount of physical energy that a -man may be allowed regularly to expend in work, and the sooner it begins -with lads the better for everybody. At present we hear of the large wage -earned by workmen in certain trades and their notorious improvidence. To -anyone with eyes to see their improvidence is not more evident in the way -they spend their wages than in the way they earn them; for their lives, -industrially, are short, and they are too often physical wrecks in middle -life, partly from the undue fatigue to which they have been subjected and -partly from vices they have contracted in the attempt to stimulate -themselves when fatigued. We only hear of the vices, but their industry is -equally foolish if it implies excessive expenditure of vitality; and no -income in money would justify the cost at which it is obtained. - -Time and again there come before the courts young men who are neither -insane nor weak-minded, but whose mental powers have been stunted and -twisted by the conditions to which they have been subjected. They are not -there for committing offences against property, but for startling the -district by some atrocious assault; and there is this point of similarity -about them all, that they have been engaged at work which was too heavy -for them, and when set free from it have used the strength of a man -incited by a man's passions to do things that only a boy would conceive. - -Equal mental and physical development is rare in youth, and in practice -everybody recognises the fact. There are some big lads who are young for -their years and little ones who are preternaturally old-fashioned; but -time mends the matter, and a balance is established if something does not -occur to mar the youth meanwhile. Placed under conditions that favour the -development of muscle and prevent the development of the mental powers, -young men cannot be wholly blamed if now and then they shock us by showing -the natural result of such a course of training. - -About the streets of the city there are lads who take care not to work -too hard. Many of them are the children of parents who have never -exercised much care over them, and in some cases they have been sent out -with a few coppers to purchase papers and sell them; or to beg. They have -learnt to like the life and have deliberately adopted it themselves in -preference to other employment. They come to prison sooner or later if -they escape the reformatory; and sometimes after they have been there. -There is only one opinion possible among those who know the facts about -the street-trading they carry on--that it should be abolished; and the -only real difficulty is that its abolition ought in justice to be -accompanied by some provision for the employment of those young persons -who have been engaged in it. The newsboy is a great convenience to the -public and the newspaper owners. He sometimes is an important aid to his -family, for in a proportion of cases the parent is as respectable and as -anxious to take care of the boy as anyone could wish. It is her poverty -that compels her to use his services. But the risks to the boys outweigh -all advantages. The poverty that compels a mother to subject her child to -such risks ought to be relieved; the public and the newspaper proprietors -would find other means of obtaining and delivering the news if they -realised the cost of the present condition of things; and a nursery of -criminals would be removed. - -In most cases the parents require more attention than the boys, and -especially the female parent. The children are her peculiar care, and if -she takes to drink the results to them are serious. Whatever differences -of opinion there may be as to the hereditary transmission of intemperance, -there is no room for doubt as to its effect in causing the mother who is -subject to it to become an inefficient guardian of her child. Her family -suffers from neglect, and they are driven f on the street to pick up a -living as best they may. When they can they may take lodgings in a -"Model," and in any case they learn from others how they may live with -most license. They are nearly all gamblers, and honesty is not a virtue -that they find profitable. - -The fact is that there could be no worse school for a boy than the street -and no worse companions than those who live there, not because they are -gifted with any additional dose of original sin; they are no worse -mentally, morally, or physically than many others; but because a tradition -has grown up among them that is anti-social in its character, and like the -rest of folks they conform to the conditions in which they find -themselves. When they loaf or steal they do it because they believe that -it is easier and more profitable than working in a regular way. Show them -that they are wrong and they will modify their opinion and their action; -but that is precisely what is not done. They have heard all you can tell -them, and they adhere to their own standpoint not because they are more -stupid than their teachers, but because they see another side to the -story. When they are imprisoned they are not generally intractable, and -they do what they are told because it pays better to obey than to rebel; -but outside, though they recognise the inconvenience and risk of being -caught, they have a not unjustifiable belief in their power to dodge those -who are watching them, and at the worst they prefer to serve a term of -imprisonment once in a while rather than exchange their way of living for -another. It is just as well to recognise the fact that they do not follow -their objectionable courses because it is difficult to do so. When they -are dishonest it is usually because they believe it is easier for them to -pick up a livelihood that way than by any honest occupation within their -reach or experience. Their opinion may be right or wrong, but it is formed -on a knowledge of a different set of facts from that within the ken of -those who judge them; and it does not help to a better understanding of -them that we should assume that they are greater fools than we are, though -we do not share their follies. - -Now and then there are outbreaks of savage violence on the part of young -lads in the streets; acts which, apparently purposeless and certainly -cruel, shock the citizens and anger them. Then there is a cry for -vengeance; never an attempt to seek the causes of the trouble; and the -matter is forgotten when a few of the offenders have been given "exemplary -punishments." Exemplary punishments always repay examination, and -sometimes the hapless individual who is made the whipping-boy for others -has been rather cruelly treated; not that that seems to matter if the -offence complained of ceases, for it is taken as proof that the -authorities have done the right thing in making an example of him. The -assumption is one that never bore examination at any time, but it seldom -is examined. - -When a crop of offences of a similar kind startles a district there may be -a common cause found if it is sought for; and when the offences cease -their cessation may be found to have some relation to that cause; but the -arrest and imprisonment of one here and there as examples have as little -relationship to the cessation of offences as prayer had in the stopping of -an epidemic of cholera. In the one case you have to break up the -association of offenders and destroy their spirit; in the other you have -to attend to your drains and your sanitation. The punishment and the -prayer in either case may assist in so far as they direct attention to the -need for right action. How then do these outbreaks originate, and what -causes them to cease? In the first place, they are not the work of -professional thieves, though these take advantage of them. They begin in -horseplay among the lads at the street corner. None of them may be -abnormally mischievous or wicked, but a crowd has a spirit of its own -which is different from that of its members. Everybody has seen dignified -citizens under the excitement of, say, an election, when they got the news -that the country had been saved in the way they desired, behaving in a -sufficiently ridiculous manner and inciting others to a like behaviour. If -they had received the news when at home it would at most have caused a -smile, but in a crowd one has stirred the other to do and say things that -neither would ordinarily do or say. - -An orator may sway a crowd and utterly fail to move the members of it if -he spoke to them individually. The lads at the corner will do things when -they are together that none of them would think of doing if he were alone. -Not only does each incite the other, but all incite each one to action. -The horseplay is extended and indulged in by them at the expense of -passers-by, and to their annoyance. If it stops there no noise is heard -about "Hooliganism"; but if the lads, letting themselves loose, go further -and injure a respectable citizen there is complaint. The culprit is at -first frightened, but having done the thing he tries to make the most of -it, especially if he sees his companions rather admire his temerity. He -boasts of his daring and excites emulation. One tries to outdo another; -other "corners" hear about and imitate the desperadoes; the newspapers -take the matter up; and the place is in a state of terror. There is reason -for the terror, too; for in the process unoffending and peaceful citizens -have suffered serious injury. The professional criminal, who is quick to -take advantage of any chance, hangs on to the tails of the foolish lads, -and under cover of their depredations helps himself to what he can get. -Anything that gathers a crowd helps him, but he knows better than to -commit assaults of this purposeless kind himself. He has no objection to -rob the assaulted or the threatened and terrorised parties, however, -provided he can conceal himself. If he can get any of the lads who began -the proceedings to assist him, good and well; but in that case they may -find they have started on a new and criminal career. The loose cohesion -between the mischievous and the criminal elements in the crowd becomes -organised; and by this time there is a general demand on the part of the -citizens that somebody should be punished. Then the examples begin. - -But the very fact that the outrages have been advertised, while it causes -their imitation at first, makes parents and employers enquire into the -conduct of their sons and their workers. The lads are kept in at night, or -they are otherwise separated from each other. When the association begins -to break up the process is not long before it is complete. Everyone who -leaves it is suspected of being a possible informer, and the dread of they -know not what--the most powerful kind of fear--invades their minds. The -conduct that seemed so laudable is now given up and the epidemic dies out. -To send one of the offenders to prison is simply to make him a martyr in -the eyes of his associates, who know that he is no worse than they were -and who sympathise with rather than abhor him. The real deterrent is the -action of the parents and employers who know the lads. They neither want -to get into trouble at home nor to lose their jobs. Those who are sent to -prison have often little to do with the matter, and their exemplary -punishment has less. Real hooliganism--the existence of young professional -thieves who are in the habit of committing brutal assaults and inflicting -injuries recklessly on their victims--is rare in Glasgow. - -The young person is more likely to fall into error than his elders because -of his inexperience. Whatever the law may hold, no business man expects -the kind of service from a youth that he looks for from a man. The young -man may have more knowledge than his senior and more recent information on -many things, but only time can enable him to co-relate his knowledge. The -question whether a lad knows right from wrong is all that some people will -consider; which shows how little they know, if they really believe that -the answer will enable anyone to assess a man's responsibility. We are -taught "right and wrong" from our earliest years by way of principles to -guide us, but they are not always easy of application. The difference -between a young and an old man is one of experience. Practice has enabled -the one to use his knowledge in a way that the other has yet to learn. Our -conceptions of many things on which we have been given information -apparently full and accurate have been proved time and again to be quite -wrong; experience enables us to discount our anticipations, but it only -comes with years. In judging young people it is specially necessary to -bear in mind the fact that with all their apparent knowledge they may have -totally wrong conceptions of things, and that thus they have been misled. -On many occasions I have had to note the fact that a young man had -committed an atrocious crime; that he knew perfectly well it was wrong; -that it was not due to imperfect powers of control; that he had brooded -over and visualised it before the act; and that its accomplishment had -left him shocked beyond expression, for it was all so different from his -conception of it. - -No punishment could intensify the shuddering horror with which these lads -regarded their own acts, "so different from what I thought it would be"; -and yet in ordinary affairs we are well acquainted with the phenomenon. -Why we should lose sight of it when a crime has been committed and we are -seeking to unravel the causes is a mystery. Know right from wrong? Yes, -and conceive the whole matter wrongly. This state of mind is not peculiar -to the criminal, and may sometimes be present in those who take upon -themselves to judge and condemn him. - -In early life a lad is not only more liable to go astray, but having -fallen it is more difficult for him to recover. He is more impressionable, -and the impression of his crime and of the way in which he has been -treated stands in his way. He has no record of experience behind it to -which his memory can turn and by which he can be helped to seek the right -road when he leaves prison. "Learn young, learn fair," is as true of crime -as of other things. - -At the opposite end of the path of life a special cause of crime is -degeneration of the physical or mental powers. In the first case the man -may become destitute and forced into criminal courses in order to gain a -living. In the latter case he may develop tendencies and commit certain -offences that are quite at variance with his former conduct. - -As a result of senile changes in body and mind some old men offend against -the law. When the condition is marked they are dealt with for it, but in -some cases it is only suspected and is not capable of proof. It is simply -a question of whether they should be sent to prison or to a lunatic -asylum. - - - - -CHAPTER VI - -SEX AND CRIME - - The position of woman--The posturing of men--Love and crime--Two cases - of theft from sexual attraction--The female thief--Case-- - Blackmailing--Jealousy and crime--Two murder cases--Case of assault-- - Fewer women than men are criminals--Their greater difficulty in - recovery--Young girls and sexual offences--Perils of girlhood--Wages - and conduct--Exotic standards of dress--Ignorance and wrongdoing--The - domestic servant--Her difficulties--Concealment of pregnancy cases-- - The culprit and the father--Morals--The fallen woman--Bigamy. - - -For good or ill great changes have taken place, and more are likely to -occur, in the relative social and political positions of the sexes. Women -are excluded from political power on the ground of their sex, and by way -of opposing or of justifying this condition of matters everything but sex -is discussed. It has been shown that woman is as clever as man; pays her -rates at least as promptly; can work as hard and at as varied occupations; -is capable of outstripping him in learning; shows as much intelligence; is -more moral; and can sometimes be a greater nuisance to her neighbours. All -which may be a very good reason for giving her a vote, but does not alter -the fact that there is a great difference between the sexes. That may be -no reason for excluding her from a share in the direct election of -representatives to Parliament, but it is a fact that cannot be lost sight -of and which seems to be forgotten when it is not deliberately minimised -by both parties to the controversy. Man is something more than his brain, -and so is woman. Indeed, their thoughts and their acts are often the -outcome of the condition of their other organs; and the attraction of one -sex for the other disturbs most frequently the calculations of observers. -Among the primitives in our own country the principal subject of interest, -after their means of subsistence--and occasionally before even that--is -the opposite sex; and if one may judge by the books in greatest demand, -those whose opportunities are more varied are far from indifferent to the -same subject. The young man who is not stirred by desire to excite -admiration in some girl--perhaps in all girls--is an exceptional being; at -least he feels uncomfortable in their presence. - -The love of attracting attention is very common, but while it causes men -to do many strange things to obtain praise from their own sex, it much -more frequently moves them to extraordinary actions in order to secure the -admiration of women. Whether men or women are most moved by this feeling -it is impossible to say, but the men are more likely to make fools of -themselves. Their present social position gives them greater opportunities -to do so; for the woman's training and traditions are against her openly -giving way to her feelings, and when she does so the result is apt to be -disastrous. It is the commonest thing in the world to see young people -posturing to attract the attention of those of the opposite sex, and their -feelings may blind them to the consequences of their conduct. - -A too intense interest in anything else is fatal to business, and the rule -has no exception in favour of the amorous; so it is not uncommon for a lad -to lose his place through inattention to his work, the result of -preoccupation in his love affairs. In some social stations this condition -of mind may lead the lad into criminal courses. X 22 was an intelligent -lad who had drifted into crime and continued in it. He had not offended -against the law as a boy, though he had passed his early years in a part -of the town where the sights are appalling and the prevailing tone of -morals is low. He spent the later years of his boyhood in a suburban -village and went to work in that district. When he was about seventeen -there was an epidemic of "club dancings"; that is to say, places where a -number of young men, having hired a room and a fiddler, charged others a -small sum for admission to dance--girls being admitted free--and divided -the profits or the losses among themselves afterwards. The dancers were -usually the sons and daughters of respectable people, but their behaviour -after the dance was not innocent. The more ardent among them became -passionately addicted to the practice of attending such places and dropped -both work and reputation in the process. The scandal of the thing -ultimately became so great that under the pressure of public opinion the -"clubs" were discontinued. At one time they were many in number and spread -over a wide area. The young man of whom I speak was an enthusiastic -devotee and went far afield at times to seek his pleasure. Working from -early morning and dancing till late at night, it was morning again before -he got home. He could not possibly keep up both the work and the pleasure, -and the work had to go. He had to find money, and he got it dishonestly at -less fatigue than by work. This had its end and it finished him. After -being in prison he found the door of some of the clubs closed to him, but -there were others. He did not escape so readily now when he stole, being -known; and gradually he was shut out from the pleasures that had led him -astray and shut into the company of those who, like himself, had been in -prison. He was only one of a number whose downfall was attributed to -dancing; but he had not the slightest doubt that if the dancing had been -between those of the same sex it would never have led him off his feet. It -was the sexual element in the matter that attracted him. - -In this case the man lost his regular employment through absorption in his -pursuit of women, but in many more cases the situation is forfeited -through dishonesty caused by the desire to make an impression on some girl -or to provide for her. X 23 was a lad of good character, quiet in his -manner, well educated, and employed in a position of trust. He was serious -and sober in his walk and conversation, and appeared likely in time to -become a pillar of the Church and a model citizen. He was attracted by a -girl who was of good reputation, and there was never any suggestion of -improper conduct on the part of either of them. She lost her situation -through no fault of her own, and he placed her in a house which he -furnished at the expense of his employers, expressing his intention to -marry her later. There was no improper intimacy between them. Those who -knew him were surprised that he should be able to make the provision for -her that he did--surprised also at his choice of her as a wife; but that -is not an uncommon attitude on the part of friends--and equally surprised -and pained when it was discovered that he had used money which was not his -own in order to set up the establishment. - -It would be easy to multiply examples of cases where the relations between -the parties are less innocent, and to show that not merely young men, but -men who are advanced in life, have been driven by the attraction of the -other sex to sacrifice their position. - -Women are not ignorant of their power, and the criminal among them know -how to use it to advantage. Because of their sex they are able to commit -many thefts and to escape with impunity; indeed, a very large proportion -of thefts from the person are committed by women, or with their -assistance. They attract the man, go along with him, pick his pocket, and -find some excuse to get rid of him in a hurry. When he discovers his loss -they are out of reach, and in the great majority of cases he says nothing -about it to the police, as to do so would cause scandal about himself. -Only when the loss is too considerable to be borne, or when something is -stolen that cannot be replaced, is the theft reported; and even then it is -difficult to convict the thief. X 24 is a girl of twenty-six who has -several times during the last eight years been convicted of theft. She is -a buxom and cheerful young woman, neither a teetotaler nor intemperate, -shrewd, and possessed of a considerable share of intelligence and humour. -Brought up in a slum district, she was early at work; and when she began -her present career she was earning honestly about fourteen shillings -weekly. Some time ago I was asked to see her on behalf of a lady who had -taken an interest in her from her appearance in court, and who was willing -to help her to a better way of living. She was perfectly frank with me, -and declined assistance on the ground that she could do better for -herself. She said that with very little trouble she could make twice the -amount to be gained by work, and with little risk. "You ken weel enough, -doctor, that the lady could do nothing for me. She would put me in a place -among her servants, maybe, and that would be a nice thing for the -servants! Na, na. When I find it disna pay I'll gie it up. As long's the -drink disna get a grip o' me I'm a' richt; and there's no much fear o' -that." Like others of her class, she does not live by prostitution, though -her sex is her decoy. She has no prejudice in favour of chastity, but she -takes very good care to run no unnecessary risks, and will find a means of -getting away from the man she may pick up--if possible with his purse, but -if not, then without it--before matters have proceeded to an extremity. - -Others acting in concert with male accomplices lure men to houses where -they are bullied and robbed; and this goes on with a degree of impunity -that would be amazing, were it not for the fact that though the practice -is well known, there are few of those who have suffered loss of money who -care to add to it the loss of reputation that would result if they had to -appear in court. - -Blackmailing is another practice that springs from the conduct of both men -and women influenced in the direction of vice and crime by sex impulses; -and jealousy is a powerful factor in the causation of some crimes of -violence. Jealousy is not generally looked for on the part of those who -are themselves loose in their conduct, but among them it may exist as -intensely and manifest itself as powerfully as in any respectable citizen. -It seems to be largely a matter of temperament, and to be to some extent -existent apart from the desire for exclusive possession. X 25 was an -ex-soldier married to a woman of low morals. They had both been loose in -their behaviour and were both given to drink. He had on several occasions -assaulted her for her infidelities, but he admitted that it was not -jealousy that had caused him to do so; and he owned that he was just as -bad himself. He went off to the war, and in his absence she behaved very -badly and took headlong to drink. She lived with another man. On his -return he took up house with her, and the other man was a source of -quarrel between them, especially when they were drinking. He was -admittedly jealous, though there does not seem to have been any but a -retrospective cause for the feeling. One day in the course of a quarrel -she compared him with the other man to his disadvantage, and he savagely -set on and killed her. - -X 26 was a sailor who was attached to a woman whom he knew to be a -prostitute. When he came to Glasgow he lived with her, quite well knowing -her character. He spent his money freely on her, but could not keep her -from her associates. One night she insisted on leaving the house where -they lodged. She had been drinking heavily, and he tried to detain her. -She insisted on going to the lodgings of another man whom he knew; and -when he endeavoured to persuade her to remain where she was, she made a -comparison between him and the other that set him in a blind fury of rage -and jealousy, in which he killed her. The cases present similar features: -a tolerance of general infidelity; a jealousy of a particular individual; -and an explosion when the other was praised for certain qualities. - -The same kind of thing has occurred with women. One day in the airing-yard -of the prison a woman who was usually quiet in her behaviour made a sudden -attack on another who had been admitted to prison on the preceding day. It -transpired that the assailant had heard that the woman she assaulted was -living with "her man." The man was a bloated blackguard whom she had -screened by pleading guilty to a charge of theft in which he was -implicated. She herself was a prostitute, and when I pointed out that -morally he could not be worse than she in that respect she admitted the -fact, but added furiously that she would not allow that--to take him from -her; although she was ready enough to recognise his worthlessness. It -would be easy to theorise on these cases, and it might be interesting; it -is well to note them, for they show that crime may result from passion in -circumstances where it might not be expected. - -The fact is that feelings the result of sex strike far deeper and wider -than many good people care to acknowledge; but the whole subject is one on -which a taboo is placed and it cannot be treated as frankly as it ought -for that reason. The cause of jealousy and the excitement of the feeling -is not so simple as many seem to think. It may be absent where there would -appear to be the strongest ground for expecting its presence, and present -under circumstances where it would not be looked for; and when present it -may induce criminal acts on a provocation that would appear small indeed. - -There are fewer female than male criminals and offenders, but they are -more likely than men to continue in the wrong way when they set out on it, -for it is more difficult for them to recover. Women are much harder on one -another than they are on men; or than men are, either on their own sex or -on women. This may be one reason why so few of them go astray, but it also -contributes to keep the stray sheep from getting back to the fold. The -girl is more closely guarded at home and is more intimately associated -with her mother than the boy is. Even mothers who have gone to the bad do -not always want their daughters to follow their example; and I have known -those who lived by vice and crime who have sent their daughters away from -them in order to be trained in religion and morals. Most of them cannot do -that, but many do what they can, up to a point, to keep them straight. A -girl suffers more than a boy from the neglect of a mother, and when to -neglect is added bad example it may have a fatal effect on her. In -proportion to their numbers there are more daughters than sons of criminal -mothers who take to evil courses. - -Apart from the mother, there are districts of the city where girls hear -language and see sights that are not likely to have a good effect on them. -The girl is taught to repress herself more than the boy and is trained -towards secretiveness. The boy is rather given to flaunt his new-found -naughtiness and to be checked for it or to discover of how little account -it is. The girl may nurse it to her harm. It is a mistake to suppose that -because a man or woman never uses objectionable language, or repeats -objectionable stories, they have not left an impression when heard. As a -matter of fact, the female side of any lunatic asylum is generally more -remarkable than the male side for the foulness of the language of the -inmates and the filthiness of their ideas. Among the sane members of the -community the opposite is notoriously the case, but the insane are only -repeating words that have lodged in their mind when they were sane. The -same thing is true of female offenders; they outdo the men in the -profanity and indecency of their language, when they begin. - -When as a result of their surroundings young girls take to imitating their -elders in vice they are much more dangerous than boys. Every surgeon in a -great city, if he is connected with the administration of the law, knows -that very young girls are sometimes made the subjects of horrible -assaults; but he also knows that other girls as young incite and provoke -assaults, and that some among them make the most terrible and detailed -charges against men on no foundation whatever but that of their own -imagination excited by what they have seen. When men are guilty of certain -offences under the Criminal Law Amendment Act there can be no defence of -their conduct; they have no excuse for taking advantage of young girls; -but it is sheer folly to ignore the fact that there are girls of school -age in some parts of the city who deliberately importune men. It is -terrible that it should be so, but they are only doing what they see their -elders do and there is no use disregarding the fact. - -If the street is a bad playground for the boy it is worse for the girl. -She runs greater risks and her ignorance is as vast as his. When she goes -to work new perils beset her. Her choice of occupation is more restricted, -and her wages, though they may not be less in the first instance, do not -increase in the same ratio as she grows to youth and womanhood. Whatever -may be said for the higher education of women it is out of reach of the -many. Most girls have the idea that some day they will be married; and -they are often right. When this idea is present it is bound to affect -their actions. Marriage means for a man the holding on to his work; for a -woman it implies the giving up of her employment--at any rate, in Scotland -most men who marry try to keep their wives at home. Among the poorer -labourers this is not always possible; but it remains true that the great -majority of married women are not industrially employed. They have quite -enough to do at home, and sometimes more than enough; but the fact that -the home is to be their permanent sphere of work, or the hope of this, -makes many girls and women careless as to the choice of their occupation -meanwhile. It also prevents combination among workers, to a large extent, -and tends to keep wages low. How some of them live on their earnings is a -mystery, but they do; and keep themselves in a condition of health and -fitness which will compare favourably with that of many of the scientific -people who prove by figures and standards that they don't. There is grave -risk in it, however; risk that they should not be asked to run. If they -were not members of a family, each contributing earnings to a common pool, -and each undertaking a share of the household work, many could not exist -on the wages they receive. That any large number of them are directly -driven to the street by the low rate of their wages is not, in my -experience, true. - -Complaints have been made that the children of well-to-do people accept -lower wages and make it hard for those who have to earn their living to -obtain reasonable pay. This may be true in a few cases, but it is not of -general application. These people do not compete at all in many -occupations; their parents are not foolish enough to let them do much for -nothing; but they do sometimes exercise an injurious influence on the -other girls by their presence. Girls are at least as vain of their -appearance as lads, and they are quite as much given to personal -adornment. Indeed, I think men will readily admit that women pay more -attention to their dress and are keener on ornaments than they are. -Certainly when one gets a new kind of hat-pin or "charm," others must -obtain something to balance it. If a girl has a fund to draw upon apart -from her earnings she is likely to dress more expensively than her -neighbours, and the weaker sisters are sometimes tempted to adopt -extraordinary measures to keep pace with her. - -In so far as a standard of dress is set up that is beyond the earning -power of the workers to maintain, girls who have other resources than -their wages are liable to exercise an injurious effect on their -fellow-workers. X 27 was a young woman of prepossessing appearance and -good manner. She had been employed in a place of business in town. Her -wages were small, and she had charge of cash transactions to a -considerable amount. She was quietly and well dressed. She was arrested on -a charge of embezzlement and she admitted her guilt. She confessed that -she had begun to take small sums in order to keep herself "respectable," -and her peculations not being discovered, she had continued to help -herself. There was sickness at home, and to relieve the pressure there she -had taken larger sums and been found out. In the course of enquiries I -found that there were other employees none of whom had her opportunities -of taking from the cash-box, but some of whom dressed themselves on -"presents" from gentlemen. There was room for suspicion that each knew -what the others had been doing. It was certain that they knew that their -earnings were insufficient to enable them to live and dress as they did, -and it was equally clear that in their cases they had no resources at home -to supplement their earnings. - -There are some workshops in which the moral tone is very low, and the -association of young girls together in them has a bad effect on their -conduct. The ignorance of many men and women with regard to the most -elementary physical facts is remarkable. Mysteries are made of physiology, -as though innocence and ignorance were synonymous terms. Fear takes the -place of enlightenment, and when a girl is seen to transgress the limits -of conduct laid down for her without the dreadful consequences they have -been led to expect, the others are apt to think they have been misled; and -some of them embark lightly on a certain course of conduct with a -confidence begotten of ignorance as great as that which once made them -timid. Young people are better to learn the truth about themselves from -those they respect and trust, than to be kept in ignorance till some -chance reveals a distorted version to them. X 28 was a man of the -labouring class who was charged with contravention of the Criminal Law -Amendment Act. He had been a very hard-working man, and for years had -lived on little and saved the greater part of his earnings. Then, as -systematically as he had put the money past, he started to get rid of it. -He had nearly L200, and he proceeded to spend about L2 a week on his -"spree." He drew the money from the bank in small sums, and, doing no work -meanwhile, he proceeded to take enough drink to keep him on the right side -of drunkenness. This had been going on for over six months before his -arrest. Early in the course of his wanderings he had made the acquaintance -of two girls who were employed in a tailoring establishment in the city. -They spoke to him and made him certain proposals. This was in the -dinner-hour. In time he was introduced by one girl to another during the -succeeding four months, till he had dealings with seven in the same -establishment--that is to say, seven admitted the facts. Their ages ran -from fifteen to nineteen years, and without exception they were all the -daughters of respectable parents, to whom the story of their conduct came -as a severe shock. That story will not bear repetition; it was exceedingly -gross. The facts were only discovered in an accidental way through the -illness of one of the girls. She at first denied everything; but under -pressure made a confession of part of the truth, and, the charge being -laid, enquiry elicited the rest. - -A large number of girls are still employed in domestic service, though the -tendency has been for them to seek industrial work, where they are for -some part of the day their own mistresses. The spread of elementary -education has been blamed for the shortage in the supply of servants, but -it is only one of many causes for the change from the time when there were -more girls seeking work than places for them; and girls are not likely to -seek service as a result of the railings of those who, to judge by their -utterances, are in need of some elementary education with regard to their -own position. There seems to be an idea fixed in their heads that they -have a right to be served by others, and that on their own terms. If the -schools have taught the girls that they are not born to do for others what -they ought to be able to do for themselves, it is something to the credit -of the schools. Domestic servants have been too long treated as though -they were inferior beings, with the natural result that their work has -come to be looked upon as lower in character than that of the factory or -the office girl. A greater independence of spirit and behaviour is -permitted in those engaged in industrial occupations than in domestics, -and this has a good deal to do with the preference shown for these -pursuits. - -Domestic service is a better preparation for married life than work in a -factory, but in spite of this it has very serious disadvantages. It -presents the form of family life without the spirit. In a great many cases -it has all the disadvantages and few of the advantages. Those who are -loudest in their complaints of the degeneration of servants show quite -clearly that they are angry really because they no longer get girls to -give not only reasonable service, but the obedience of flunkeys. Girls in -workshops are not treated as domestics are; they would not stand it. -Their wages may be lower, but at least they are not looked upon as beings -of another creation than those placed over them. When people shun certain -kinds of employment it is not generally because they are foolish, but -because they believe that that kind of work is not worth having. - -The servant in the house is too much in the house. Her mistress is quite -ready to assume that she should know all that the girl is doing, but the -confidence is expected to be all on the one side. For the mistress to -interfere in the girl's affairs is to show a proper interest in her; but -for the girl to return the compliment is impertinence. The girl is often -subject to unsympathetic supervision; she is seldom allowed out to -associate with those whose company she desires; her life is a monotonous -and exacting one; and in many cases she has as few opportunities for -seeing visitors as she has for visiting. That some should react -unfavourably to these conditions is not surprising; and when they are out -they may show the same tendency to friskiness displayed by that other -domestic animal, the family dog. Many of them have few friends near the -place of their employment, and their work does not provide them with the -same facilities for forming friendships as industrial employment does. If -they do go astray the consequences are therefore more serious, because -they are to a large extent thrown on their own resources, having few to -whom they can appeal for help or advice. - -There are no workers who are more generally industrious, honest, and -patient, and who are more harshly judged. Only those who go wrong seem to -attract attention; at least it is only they who are heard of; and in -proportion to the large number employed they are few. Their position away -from their family leaves them more exposed to the attentions of those of -the opposite sex than other girls, and when they succumb the consequences -may be more serious. If their condition is suspected or discovered the -extent to which they are considered members of the family soon becomes -apparent. The girl who is in this state has no illusions on that subject. -She knows quite well that she will receive no sympathy, and that would not -matter so much if she were not equally certain that she will be turned out -whenever the fact becomes known. She cannot face her people. She fears the -scandal she will bring on them, and what she should do is a puzzle to her. -What she tries to do is to conceal her condition as long as possible. She -knows quite well that a time will come when it will unmistakably reveal -itself, but anything may happen in the interval. She refuses to think -about the future and lives in the present. The effort that should be -expended in making preparations for the event is spent in concealing its -approach; till some day she finds herself a mother. The habit of -concealment has become a part of her, and it asserts itself in the state -of pain and panic in which she finds herself, with disastrous results to -the child. X 29 was a girl about twenty years of age who came from a -mining district to domestic service in Glasgow. She was a healthy girl and -a good servant. One day her mistress had reason to suspect that something -had taken place in the house of which she had not been made aware; and a -search revealed the dead body of a new-born child in an outhouse. The girl -was arrested and sent to hospital. In due course she was transferred to -prison, where I had to investigate the case with a view to determining her -mental condition. She told me the story bit by bit quite clearly. When she -became aware of her condition she took steps to hide it, and up to the -end she had been successful in doing so. She did this in order to make up -her mind what she ought to do. Sometimes she decided to go home to her -friends, and at other times she meant to apply to the parish. Her health -was good all the time. At last she made up her mind to go home, and had -written stating her intention, but saying nothing about her condition or -about staying there. The child was born the night before the day she had -fixed for her visit. She was taken by surprise, and had no preparations -made for its arrival. By her actions she showed that she knew what was -necessary in order to attend both to child and mother. It cried out, and -in her alarm she stopped its mouth. It did not cry again, and she next set -about its concealment. She knew that she had killed it, but she did not -think this murder. She would have thought it murder if it had not just -been new-born. She had seen similar cases reported in the newspapers as -"Concealment of Pregnancy" and not counted murder. As she had her day off -to pay her visit she did so. She walked at least ten miles in doing this. -She told her friends nothing. She hoped to be able to dispose of the body, -but her mistress had found suspicious signs in her room, and on a search -had discovered the child. She was curiously knowing in some respects, but -her ignorance was as peculiar as her knowledge; and I had no reason to -doubt the truth of her story, which stood such tests as could be applied -to it. - -The case in its main features is quite characteristic. There are some -mistresses who, when they find their servants in this condition, take -steps to see that they are tended in some way. They cannot be expected to -keep them in the house, but they do what can be done to prevent the mother -and child suffering. There are others who simply turn them out and take -no further interest in them; and it is the fear of this that leads to -concealment. If they would even act as mediators between the girls and -their people much mischief would be prevented. - -Hardly ever does such a case as the above occur but what there are letters -to the newspapers demanding that the father of the infant should be placed -in the dock with the mother. The mother is not there for begetting a -child, but for killing it, and the former act is not yet punishable by -law. The general opinion seems to be that men are continually seducing -women, and I am not in a position to say whether it is true or not. -Judging from books, it forms the subject of many stories, but I am here -only writing of that small portion of the world which has come under my -own observation, and in my experience it is grotesquely untrue. I have -heard the woman's statement in the great majority of cases of infanticide -in Scotland during the last sixteen years, and I can recall few in which -she made any complaint against the father of the child, although I sought -for it. In some cases I was told that the father had not been informed of -the woman's condition, although she knew where to find him; and that he -had been kept in ignorance because she did not want to marry him. In the -other cases the conception seemed to be the result of intimacy that was -temporary and long past. I am far from suggesting that there are no bad -men who lead girls astray; what I say is that in this class of case these -are not the girls who appear as criminals. - -The fact is that among a certain class of lads and girls there is a degree -of looseness of behaviour that is in striking contrast with the officially -recognised code of morals. They take risks with a light heart, and the -woman pays; not always because the man shirks, but because any -consequence of their conduct is entailed on her by her sex. The girl knows -this as well as the lad, but neither of them considers consequences at the -time. An acquaintanceship begun innocently enough may insensibly and by -degrees become something more, not as the result of consideration, but -quite independent of anything in the way of thought. If consequences were -certain it might be different. It is difficult to apportion blame and it -is not very profitable to try; but it is quite certain that the woman -leads the man as much as he leads her to misconduct. Child murder is no -necessary consequence of his act, and there is no sense in assuming that -he knew the girl's condition and deserted her, when the fact can easily be -ascertained. - -It would be a great mistake to suppose that girls who do not preserve -their chastity are necessarily bad. It is largely a question of manners -and customs. They would quite readily admit that it is wrong to be -unchaste, as many an untruthful person will admit it is wrong to lie; but -they do not seem to suffer in self-respect, nor greatly in the esteem of -others, if they yield themselves to the lad who is their sweetheart for -the time. Their conduct may be suspected; but in the absence of proof, and -if decency is observed, their morals are taken for granted. - -Every professional man knows that there are very many different standards -of conduct in Glasgow. The doctor cannot shut his eyes to the fact if he -would; the lawyer during the time he acts as Agent for the Poor sees and -hears enough to convince him that the professed and the working standards -of conduct are different; and even among those connected with their -Churches clergymen occasionally find some who have to get married as a -result of their behaviour. The girls who misbehave in this way may be -reviled as prostitutes, but that is utterly to fail in judging them. That -they are no worse than the men goes without saying; but there cannot be a -standard for the woman and another for the man, though in practice it is -more frequently the moralists who try to make one--not by their words, but -by the effect of their judgment. The same girl who has given herself to -men is sometimes the most bitter in her denunciations of prostitutes; but -on the subject of prostitution I do not propose to enter, for any real -consideration of it would involve a plainness of speech on which it would -be unsafe to venture. - -This must be said, however, that the woman who goes astray is treated -shamefully by the law, which operates to drive her deeper in the mire and -causes reformation to be more difficult for her than for any other kind of -offender. Any proposal to place these poor souls more completely under the -domination of officials, medical or police (whether made on the specious -pretext of public health or public morals), would intensify the -difficulty, and would result, as it would deserve, in increasing the evil -it sought to remedy. It is bad enough that any members of the community -should become slaves to the vices of others, but it would be worse to -confirm them in their slavery in order to protect those whom they serve. - -In proportion to the number of offences committed by women bigamy appears -to be more common than it is among the male offenders. The reason is -largely economic, but the method of its operation is dependent on sex. The -woman wants a home, but if she were not a woman that is not the way she -would choose to get one. She could get established, but her sense of -propriety will not allow her to accept the position without the form of -marriage, even although she knows the form to be illegal. In many cases, -however, she does not know this. She may have ground for a divorce by -reason of the desertion of her husband or his misconduct; but the ground -for divorce and the ability to obtain one are different matters. If -divorce is to be permitted there does not seem to be any reason why it -should be refused to those who cannot afford to go to law to obtain it. If -one of the parties to a marriage gives cause for divorce the need for it -will be the greater in proportion to poverty, for people are less able to -keep out of each other's way if they are living together in a small house -than would be the case if they had more room; and if they are separated -the economic disadvantages are not less. Yet these are the very people who -are least able to obtain relief; their poverty ensures that. When they go -through the form of marriage with some other we pay the cost of their -imprisonment. The money would be better employed in setting them free from -the contract which has gone wrong. Some of them voluntarily give -themselves up in the belief that their imprisonment will break the former -marriage. Our judges have become more and more inclined to deal leniently -with such cases; reserving their heavy sentences for those which show -moral turpitude; and the number of these is small. To the woman there is -something in the form of marriage which enables her to preserve her -self-respect, and the "marriage lines" are a testimony to others. It is a -queer condition of affairs, in their view, that allows them to live with a -man if they do not go through a ceremony of marriage with him, and which -sends them to prison if they do; for they cannot be expected to see that -the rights of property may depend on the prohibition of conduct such as -theirs. - - - - -CHAPTER VII - -PUNISHMENT - - The universal cure-all--The public and the advertising healer--The - essence of all quackery--The quackery of punishment--Rational - treatment--Justice not bad temper--Retribution--Our fathers and - ourselves--Their methods not necessarily suitable to our time--Capital - punishment--The incurable and the incorrigible--Objections to capital - punishment apply in degree to all punishment--The "cat"--The - executioner and the surgeon--Whipping and its effect--The flogged - offender--The act and the intention--Pain and vitality--Unequal - effects of punishment--Fines and their burden--Who is punished - most?--Punishment and expiation--Punishment and deterrence--Social - opinion the real deterrent--Vicious social circles--Respect for the - law--Prevention of crime. - - -Since newspapers have become great advertising mediums their readers have -had information thrust upon them by picture and story regarding the need -to flee from ills to come and seek refuge in the patent pill. Health is -the great thing to attend to, and there is a large number of people -engaged in our instruction. Some will have us see to the equal development -of all our muscles, though what we are to do with them when they are -developed we may not clearly apprehend. Others prescribe for us all a -proper course of diet, and though the professors differ among themselves -as to what is the best food for mankind, they seem to be all agreed that -there is a universal food. If we find their prescriptions do not suit us, -that is an evidence of degeneracy on our part which must be overcome. It -is all very like what has passed itself off as education. At school, if a -boy showed an aptitude for drawing and none for composition, he was taken -from the thing he could do and worried into doing the thing he was not -fitted for doing, with the result that in many cases children left school -able to do a number of things equally badly and few things well. The -attempt to make people ambidextrous is more likely to make them -left-handed in both hands. - -Health is the greatest of blessings, but the man who is always concerned -for his health is not the healthy man; time passes, and he may lose his -life while he is preparing to live. He is encouraged to examine himself, -and all the possible ailments which may annoy him are described and their -significance exaggerated till he gets nervous. A specific is found for -every ill to which the flesh is heir, and its efficacy is trumpeted till -some equally infallible cure replaces it in public estimation. The saving -remedy may be called a quack preparation, and its composition proclaimed -and condemned by the regular practitioner, but a sufficient number of -purchasers is found to justify the expense of advertising it. It is sure -to benefit somebody, however antecedently improbable that effect may be, -and there is certain to be some sufferer who will be grateful enough to -testify to its cure. Some of the testimonials may be spurious, but many of -them are quite as genuine as any that the doctors receive. The reader sees -that Mrs. Dash has suffered from pains in her back for years, and has -tried the patience and the prescriptions of every doctor within her reach -without obtaining any permanent relief. She has had to resign herself to a -state of chronic invalidism, and is an object of pity to all who know her. -She hears from a friend of the wonderful curative effects of the Rational -Rheumatic Regimen and puts herself under treatment, with the result that -her neighbours cannot believe she is the same woman, and she herself feels -in better health than she has ever before enjoyed. Then follows a list of -symptoms which is sure to appeal to some sufferer. The public, knowing all -that can be urged against quack medicines, distrusts and purchases them. -The buyer knows that the case of Mrs. Dash is not published for -philanthropic but for business reasons, but he thinks that what cured her -may help him. It may or it may not, but he risks it. - -Even those who utterly condemn quack medicines fall quite readily into the -error of quackery when they come to discuss social subjects; for the -essence of quackery is the belief that what is good for one person must be -good for every other. Diseases are not entities, but conditions that -cannot exist apart from the man; and similarly crime cannot exist apart -from society. We may alter conditions in such a way that the tendency to -disease or crime will be lessened; but when a person has become diseased -we have to know something more about him than the fact that he shows -certain symptoms before he can be treated in any rational way and with a -prospect of his recovery. So when he has committed a crime we must know -more than that fact before there is much hope of being able to correct -him. There is as much quackery in the practice of making punishment fit -crime as in that of making remedies fit diseases. - -When a man offends against the law he is taken in hand by the ministers of -the law; and they are awakening to a sense of the futility of their -treatment of him, but so far not much progress has been made towards a -rational method. There are more institutions projected and a greater -variety of remedies prescribed; but they depend on the nature of the crime -charged, rather than on the character and condition of the culprit. Some -day it may be acknowledged that the court that has to determine whether a -person is guilty of the offence charged against him is not therefore the -court that is able to determine his treatment, but there will first -require to be a more general recognition of the fact that before a man can -be treated rationally for any physical, mental, moral, or social fault in -him, something more must be known about him than that the fault is there. - -I do not suggest that rational treatment will invariably be successful; -there is nothing absolute in this world, not even our ignorance; but I do -assert that we are not entitled to act irrationally in dealing with -criminals, and that that is what we generally do at present. The practice -of the courts has changed much more than the law during the last sixteen -years, and there is a greater disposition on the part of judges to seek -information regarding those who are brought before them, as well as a more -marked reluctance to send offenders to prison if there appears to be a -probability that they will not repeat their offence. - -The old theories of punishment have broken down, and it is now difficult -to find any coherent theory behind the practice. When a crime is committed -that shocks the public by its atrocity there are demands made for fierce -retribution on the culprit, partly on the plea that he ought to be made to -suffer, and partly for the purpose of deterring others from repeating the -act. Incidentally those who are most insistent on the employment of the -executioner show that they possess a fair share of the same spirit that -educed the act which they condemn. They are rightly indignant, but they -do not seem to see that justice and bad temper are not the same thing. - -Few would defend the application literally of the retributive -"eye-for-an-eye" principle. They know that a man's eye may not be of as -much use to him as that which he has destroyed may have been to his -victim. It may be like taking gold and offering lead in exchange. Even if -the eyes be equal in value it does not in the slightest degree compensate -the injured person to know that the person who did him the injury is as -blind as he; and as for the community, it is to place two blind men where -one was before. Of course nobody has proposed to deal in this manner with -the person who blinds another; but many are quite satisfied to act on the -principle, and to apply it by way of killing murderers and flogging those -who commit assaults. The law has prohibited certain actions as below the -standard of conduct permitted to the members of the community. When a man -takes life, in order to show him the sacredness of life, it takes his. It -is a lesson to him; and there is this to be said for it, that it prevents -him from offending again. - -We all know how much we are the superiors of the poor foreigners in our -manners and our powers, for in spite of our modesty, our teachers in the -Press are always insisting on the fact, and truth compels us to admit it. -Yet these same teachers sometimes confuse us not a little by their methods -of defending us when we are charged with doing something which we cannot -deny having done. Some necessary severity in war, or some strong actions -on the part of those who in our name teach the native races how to live, -may have provoked remark on the part of other nations. At once we hear -that they have done similar things; but if we are better than they, surely -we must prove it by our actions? If we are better than those whom we -judge and condemn, why do we treat them as they have treated others? - -To hire a man to kill another is a queer way to teach men to respect life. -That our fathers did it is true, and we have taken over the practice from -them. I do not think it probable that our fathers were any greater fools -than we are, but their circumstances were different; not to speak of the -fact that we have had handed on to us by them an accumulation of -experience in civil life which they had not time to absorb. We may be no -better than they were, but they have not failed to contribute to make us -better off, and their ways of doing things are not suitable to the altered -circumstances in which we find ourselves. They were more worried by their -fighting men than we are, and were always liable to be assailed by some -lord or other whose honourable occupation was arms and who was industrious -in the pursuit of it. He or somebody like him professed to protect the -worker and ensure him the fruits of his labour--less discount. The -fighting man has always made this profession; but he never protects the -worker from the worker; he protects the worker from some other warrior who -may be a greater nuisance--or may not. Now he is under the direction of -the law, and is not allowed to make war on his own account. The survivals -that do are criminals. - -In the good old days the governor was often busily engaged and had no time -to bother with offenders. The pit or the gallows were for them, unless -they could be depended on to refrain from troubling him and pay him for -letting them work. Part of the time he was himself a prisoner in his -castle--and a not very sanitary or comfortable prison it was--and at -other times he was acting as warder over some other lord whom he had -besieged. The easiest way to deal with unruly persons was to hang them to -a tree and leave them there; they deserved it, and even if they did not, -they might do so; in any case they were a good riddance. Now we are more -settled and less summary in our dealings with each other. We have long -ceased to employ the hangman except in cases of murder, and even then the -penalty is seldom inflicted in Scotland; for it is repugnant to the -feelings of most juries, and they only call killing "murder" when their -feelings of indignation get the upper hand. - -I am far from saying that no case can now be made out for capital -punishment; what I am contending is that it is the outstanding example of -the application of the retributory principle; and yet in practice it is -usually defended on the ground that the culprit is so bad that he ought to -be killed--another ground altogether. "What could you do with a man who -would do that?" is the question addressed to those who assert that the -worst use to which you can put a man is to kill him. Well, is he so bad as -all that? I have seen a number of very tough specimens under sentence of -death, and have watched the effect on warders of intimate association with -them. They have had to be constantly in the company of the condemned, for -although he has to be killed he must be given no opportunity to kill -himself; and in almost every case the men had only one opinion after -getting closely in touch with the criminal, and that opinion was that, in -spite of all the evil in him, he was not such a bad creature after all. In -some cases the opinion of his character was much more favourable; but in -all cases the opinions were the result of seeing the man when he was under -the sentence of the law. That is as true an observation as that the -sentence was the result of conduct when he was running wild. It was the -same man who had done the wicked act who impressed men favourably, though -their official bias was against him; and he could not have done so if the -qualities had not been in him. - -There may be men among us who are so utterly bad that all the State can do -with them is to kill them in order to secure the safety of others, but I -have not seen them. There are men so riddled with disease that no cure for -them can be held out, and the disease may be of such a character that it -is likely to infect or affect injuriously those who attend them, but -doctors are not permitted to kill them. In these cases as strong an -argument could be adduced in favour of capital punishment as in the case -of criminals; and there are those who advocate the lethal chamber for -certain classes of the diseased and "unfit." In every case the advocates -of the proposal should be the first to go there, for their very advocacy -shows that they are themselves unfit to take a sufficiently wide view of -the good of the State. - -We know too little of the possibilities of life to be justified in -condemning anyone to death. The medical man speaks of some diseases as -being incurable; but so far from meaning what he says literally, his whole -life is spent in seeking for cures. Knowledge widens slowly, and false -lights are hailed as true, but in spite of all set-backs there is -progress; and to-day the diseased conditions that our fathers could not -deal with may be relieved and in many cases cured. What the doctor really -means is that there are many diseases for which he has not yet found the -appropriate remedy; and when we speak of men as being incorrigible we are -only entitled to use the word in the same limited way, meaning that we -have so far not been able to correct them. - -The infliction of the death penalty has no good effect on those engaged in -it. I have never seen anyone who had anything to do with it that was not -the worse for it. As for the doctor, who must be in attendance, it is an -outrage on all his professional, as well as his personal feelings. The -physician is taught that it is his duty to save life, apart altogether -from its personal value. When he is called in to a patient it is no affair -of his whether the sick person is a saint or a sinner; it is his duty to -do his best for the patient irrespective of any question of character, and -to risk infection as readily for the sake of the wicked as for the sake of -the good. At the behest of the law he has to take a part in the killing of -a man whom he has been instructed to attend in order that at the proper -time he may be led to death in a state of good health. - -I do not say that there are not men who may seem so debased and vile that -any reformation would appear to be only remotely possible; but while they -are to be blamed for their wickedness, we are not free from blame for -permitting them to grow into such a state before taking them in hand. In -no case that I have seen was such interference impossible had our system -been one that lent itself to the prevention of crime and the reformation -of the criminal; but because it was easier and more profitable for them to -do ill than to do well, they went the wrong road with disastrous results -to others as well as to themselves. Blame them by all means; but let us be -just, and having settled how much they are to blame--not a very profitable -task--let us set about to find how far we are to blame; having punished -them, what about punishing ourselves? Our punishment is fixed by laws that -no Parliament can alter; our own neglect of the wrongdoer ensures it. - -The objections to capital punishment apply to all punishment up to a -point, for if it is wrong to slay a man it is also wrong to maim him; and -in so far as our conduct towards him makes him a less efficient member of -the community it does maim him. There are many who are so indignant with -the law-breaker that they have no patience with anybody who has doubts as -to whether our way of dealing with him is all that could be desired. They -object to his being pampered--whatever that means--and call everybody a -sentimentalist who is not for "vigorous means of repression." There is a -sentiment of brutality that is quite as dangerous as any sentiment of -pity, and a great deal more harmful; but pity for the criminal need have -very little part in consideration for his reform. He may be, and often is, -far from being an estimable or attractive person, and the last thing he -needs is pity. A man may be a good physician or surgeon without being -given to anything approaching sentiment that is maudlin; but whether he is -full of pity or not he must be sympathetic--that is to say, he must be -able to appreciate the standpoint of those with whom he is dealing. So -must the man who would deal with offenders; if he fails in that he fails -in everything. It may be all very well to describe some of them as brutes -and to say they should be treated as brutes, but it does not help forward -the matter of treatment in the slightest degree; for even brutes cannot -all be treated alike, and if a man is treated as a brute it is not likely -to result in making him behave like a man. "The only way to make a man -is--Think him one, J. B., As well as you or me." - -The cat is a specific for the "brutes" that have not qualified for the -"rope." The argument seems to be that because a man has committed a brutal -crime therefore he is a brute; as he has inflicted serious bodily injury -on a fellow-citizen it is proper that someone should be employed to -inflict serious bodily injury on him. But will the man whom you employ to -do this laudable work not be a brute also? Does your official imprimatur -remove the brutality of his act? If not, one result would seem to be that -at the end you have two brutes among you instead of one. - -There has never been any pretence that the executioner's occupation is not -a degrading one; never in all this country for very many years, at any -rate. He is not looked down upon because by his office he inflicts pain. -The surgeon in the course of his work inflicts pain, but nobody considers -him any the less worthy on that account. A hand might be cut off by either -of them in the discharge of his duty; but though the result may be the -same to the owner of the hand, the object has been different. The surgeon -has amputated the hand to save the man's life; the executioner has cut it -off to maim the man. There can be no objection to the infliction of pain -on a criminal more than on others if it is incident on a course of -treatment which there is good reason to believe will result in his reform; -but there is no such reason for belief in the efficacy of flogging. - -I do not say that nobody has been the better for a whipping. There are -many men who are ordinarily as modest as those of our race usually are, -and who say that they were well whipped in their boyhood with great -benefit. It might be unsafe to suggest that the argument is not so -convincing as it may seem to those who advance it. Sometimes there is a -temptation to think that the treatment, if it were really so efficacious -in making them virtuous, might with profit have been continued; but there -can be no doubt they are firmly convinced that without the thrashings they -received they would have been worse than they are. This hardly touches the -point, for it is one thing to be whipped by an official who has no -interest in the person whipped, and another thing altogether to be -chastised by a parent or guardian, or even at his instance. The effect on -the integuments may be the same in both cases, but there is a -psychological effect which is different. Children know that wrongdoing on -their part is sometimes the occasion and the excuse for an exhibition of -temper on the part of their parents; and they take their punishment with -the best grace they can and keep out of the way next time they misbehave. -A whipping in cold blood they do not take in the same spirit; and they are -right. - -The great objection to any arbitrary punishment is that it may do far more -harm than good. Suppose a child is disobedient and obstinate, and the -father proceeds to whip it into obedience. If he succeeds the child may, -through fear, avoid such conduct in the future; but if the child persists -in his obstinacy in spite of the whipping, and gets into that dumb dour -state in which he is likely to go off in a fit if the whipping is -persisted in, the shoe is on the other foot. The father has to desist -through fear, the child having met force with passive resistance is the -master, and he retains the impression of his parent's brutality and -impotence. It is never wise in the case of children, or of men, to embark -on a course of treatment that you cannot continue till your object is -gained. - -There may have been some reason in flogging men with the object of ruling -them by fear, but the policy would depend on the thoroughness with which -it was carried out for what success it could obtain. There would always be -the risk that the penalty would make men more ferocious if it were the -probable result of their misconduct, for if fear may prevent people from -doing the ill they desire, it will also cause them to seek safety by -attempting to destroy the evidence of their wrongdoing. Make death the -penalty for robbery, and a direct inducement is offered to the robber to -kill his victim and prevent him from telling tales. Flog men for breaches -of the law, and if they fear the pain they will the more readily become -reckless, on the principle of its being as well to be hanged for a sheep -as a lamb. - -That there is a strong feeling on the part of the public against flogging -is undeniable, and it is not so much the result of reasoning as of -sentiment. The process shocks their sense of propriety. The mass of men -not only shrink from suffering pain, but they shrink from the suffering of -others, and they are less inclined than they once were to believe in its -efficacy as a remedial agent. The man who in a former day would have been -flogged and set to work is now sent to hospital if the whip has scored his -flesh. A surgeon stands by to see that his vitality is not lowered beyond -a certain point in the execution of the sentence; it is a nice occupation -for him to superintend the impairment of a man's health, but as a -compensation the rogue may become a patient and the doctor have the -privilege of healing any wounds made under his supervision. The patient is -now in a position to do any mischief he chooses; you have done your utmost -with him and are not permitted to kill him. If as rigid an enquiry were -made into the causes of men's wrongdoing as is made into the question of -their personal guilt there would be less occasion for punishment as we -have had it. - -Boys are still whipped for some offences and in certain cases. To say that -it is better to whip a boy than to send him to prison, is only to admit -that whipping is the less serious of the two methods of injuring him; and -in some cases the boys are whipped for no other reason. There is a -well-founded reluctance to sentence them to detention in any existing -institution, combined with a belief in the necessity of inflicting some -penalty on them for their misdeeds. The boy has done wrong and he must pay -for it. The world is so constituted that we are all the children of our -acts; payment may be delayed, but it must be made sometime if every deed -carries its penalty with it; but such a belief is quite consistent with -scepticism as to the necessity for the legal penalties on which so many -place importance. Indeed, that they also carry their consequences is seen -of all men, and there is no manner of doubt that those on whom they fall -are made worse citizens by them. That might be a small matter if their -degeneration did not injuriously affect the community of which they are -unworthy members, but in hurting them we are hurting ourselves. - -It is not so much what we do as the spirit in which it is done that causes -the mischief. A person who is sick and in bed may be as much a prisoner as -a man in a cell. His doctor may prevent him from seeing visitors and may -sentence him to a period of something very like solitary confinement, but -he knows that this is done with no intention of hurting him, but because -it is necessary in the interest of his health, or that of others. The -prisoner has no such opinion as to the purpose of his imprisonment, and -neither have those who carry it out. He may be the better for it, though -that is exceptional, but discomfort and pain is an essential part of -whatever cure there is. I remember when a student a worthy old -practitioner who made a point of choosing the most painful remedies for -persons suffering from certain diseases, as he held the opinion that they -ought to be made to suffer for their misconduct. He certainly made them -suffer, but as they were not compelled to attend him they chose others who -cured them more rapidly and with less pain. - -It is now generally recognised that pain, or anything that lowers -vitality, operates injuriously and retards the recovery of patients; and -every means is taken to prevent suffering, not because it makes the -patient feel bad, but because it causes him to be bad. Suppose a surgeon -said to a man who appeared before him with a scalp wound received through -falling on the kerb while under the influence of drink, "You have been -foolish and wicked, since you have made yourself intoxicated and lost -control of your senses. Your head is wounded, and it is only a chance that -you have not been killed. You have disgraced yourself in the eyes of those -among your friends who have any sense of respectability, and you have run -the risk of losing your employment as the result of your intemperance. -This I cannot permit to pass unpunished. An example must be made of you in -order to deter others from following the same pernicious course. You have -forfeited the right to consideration, but, though you must be made to -remember that such conduct as yours cannot be lightly passed over, I shall -deal with you as leniently as possible for the sake of your wife and -family. You will receive an application of germs to your wound which will -produce erysipelas, after which I shall proceed to deal with your cure." -The doctor who tried this method would be sent to a lunatic asylum; but -it is precisely what is done in our courts. The prisoner is told he is -bad--and he is; then he is sent--to be made better? Not at all. - -Whatever may be said against the prisons, it cannot be shown that they -ever were designed to reform those sent to them, and if they fail to do so -they do not therefore fail in the purpose for which they were built, which -is to detain and punish criminals. The extent to which they do punish -varies greatly according to the antecedents of the person who is sent to -them. On the clerk and the labourer who have received the same sentence -its physical effect may differ very much. If both are put to do labouring -work, as they very well may be, at the end of the day the man who is -accustomed to it will be less hurt and fatigued than the man who has been -used to other employment. If the object is to make them all alike -uncomfortable the clerk should be set to dig a trench and the labourer to -write, and at the end of the day the one would be stained with ink and the -hands of the other would be stinging or blistered. As it is the work done -by the labourer is child's play to him, but it is toilsome to the man -whose occupation is sedentary; to the public it is not of much utility in -any case. - -A common method of punishing offenders is to impose fines upon them, so -that if a man has money he may commit any of a large number of offences -without any risk of imprisonment. It may even be profitable for him to do -so, for the fines for doing some illegal acts by which money can be made -are in some cases less than the profits to be made by transgressing the -law. It is a queer condition of affairs. The principle of restitution is -one that can be readily understood and approved, but fines are not an -attempt to apply such a principle. They go, not to any person who may -have been injured, but to the local exchequer for the most part. This is a -vicious arrangement, for it is an incitement to the local authorities to -make as much as they can off the offenders in their district; and whether -they are ever moved by it or not, it is not proper that they should have -any interest in filling their coffers by such means. - -Fines fall very unequally as a burden on those subjected to them. The -amount inflicted, though small, may be out of all proportion to the -offender's means; half-a-crown is not much, but it is a great deal to the -man who has not got it. Before the same court you may have two men charged -with similar offences. One is a motorist who has exceeded the speed limit; -the other is a driver of a light van who in trying to catch a train has -been reckless in his driving. The motorist may be fined in five times the -amount inflicted on the vanman, but to the one the sum only represents a -small inroad on his means, while to the other it represents something like -a week's wages. There is not one law for the rich and another for the -poor; if there were they might not be so unequally treated. There is the -same law for both; but in its effect it favours the rich at the expense of -the poor, and that is not to the ultimate advantage of the community. - -The fine is an alternative to imprisonment, and in practice it is a -peculiarly striking example of our whole system of punishment. The -magistrate on behalf of the public says to the offender, in effect, "You -have transgressed the laws of the state in which you live and must -therefore be punished. I do not wish to be too hard on you, but you must -either pay us five shillings or we shall keep you for three days." Now as -people cannot be kept in prison without cost being thereby incurred, the -effect of the sentence is that if the offender does not pay to the police -five shillings on his own account the taxpayer pays the prison five -shillings. The culprit is injured by being sent to prison; but the public -is also injured by having to pay. It is remarkably like the operation -known as cutting off the nose to spite the face. This is indeed the effect -of most of our punishments; they injure others besides the criminal, and -there is room for grave doubt as to whether they benefit anybody. Once the -punishment has been undergone, the offender is supposed to have expiated -his offence; but as there is no positive expiation for past wrongdoing, -except it may be future welldoing, this is a fiction. - -It is not a wise thing to teach the ignorant that they can pay for any -harm they do; least of all to teach them that they atone by imprisonment -for injuries inflicted on others. It is no compensation to a man who has -been hurt to know that his assailant is being lodged and fed at his -expense, and that some day he will come out no better than when he went -into his place of retreat. When a man is disabled by injuries he has -received his family is likely to suffer, and if he be a working man they -may be in peril of becoming destitute. His assailant is shut up, and his -family too may suffer in a similar way and to an equal degree. The law -will see that the offender is taken care of, but the injured person and -the families of both the parties are left to struggle as best they may. -What harm have they done? They are neglected, and may suffer hunger unless -they also do harm, while the offender is "expiating" his offence at the -public expense. - -In so far as punishment is retributive it is foolish and indefensible, -harming not only those on whom it is inflicted, but those who inflict it. -If as individuals we are not justified in fostering a spirit of revenge, -we are as little entitled to encourage such a spirit in our corporate -capacity. Their actions show that some men are capable of doing very -wicked things, and that is a very good reason for interfering with them; -but it is no reason for interfering in such a way that we are all burdened -by it, while there is no reasonable expectation that they are being -brought to a better frame of mind. - -Until late in the last century the Crown Prosecutor craved for punishment -on those who had committed indictable offences "in order to deter others -from committing the like offence in all time coming." That form has been -dropped, but the theory is still widely held that punishment deters others -than those convicted. The prison returns show that there is no reason for -claiming that it deters many of those who have been punished from -repeating their offensive conduct. The "others" in some numbers are always -recruiting the ranks of those who habitually transgress, but the great -majority of our fellow-citizens keep out of prison. Are we to believe that -this is because the punishment of the prisoners sent there has deterred -them from committing offences? It may be the reason; but it cannot be -proved even if it is. For my own part, I have never seen any cause to -believe that my acquaintances and friends refrain from beating their wives -and from taking what is not their own because if they did these things -they might be sent to jail; and I have observed that those who theorise -most about the conduct of others and its causes, are frequently quite -unable to advance any evidence from their own observations and experience -that would support their theories. - -There can be no doubt that the dignified jurists who adopt Mansfield's -view (that a man should be hanged not because he had stolen a horse, but -in order that others might not steal horses) would resent the suggestion -that they themselves are honest simply from the fear of the law, and it -would show less conceit of themselves and more knowledge of their -neighbours if they assumed that the mass of their fellow-citizens are no -worse than they. - -In my day at school some boys were unmercifully whacked, when the master -got into a temper as a result of their iniquity. The theory was that this -discouraged others from committing the same offences; but as boys are as -often punished for the stupidity of themselves or the teacher as for any -wilful misconduct on their part, the theory was not in accord with the -practice. When some unfortunate culprit was called up, the feelings of the -rest of us were of a mixed nature. Partly we were sorry for him, but the -degree was dependent on our personal regard for him; partly there was a -feeling of contempt for him in so far as he was imprudent enough to let -himself be caught; partly there was some curiosity as to how he would -demean himself; and mainly there was thankfulness that we were not in his -shoes. The punishment did not deter any of us from doing the same thing; -but it did make us more careful in the doing of it, and it gave some a -training in duplicity that appears to have been of use to them in their -business careers. - -In so far as the teacher was considered to be a tyrant it was rather a -feather in a boy's cap than otherwise if he could disobey, especially if -he escaped. Even if he were caught it was not considered a disgrace, and -if he were severely punished the clumsiness he had shown in playing his -pranks was overlooked and he was treated with the respect due to a -martyr. It was a small matter to break the master's rules, though nobody -cared to be caught; but it was a serious thing for a boy to outrage the -standard of conduct which was adopted by his neighbours. The teacher who -knew this could command obedience so long as he worked on the knowledge; -and it is the same with men as with boys. They react most powerfully to -the opinion of the circle in which they move; if it were not so they would -soon cease to be members of it. Who sets the standard it is usually -impossible to say; but each influences the other, although one personality -may be more dominant than any other. He is the bad one when there is a bad -one; not because he is worse morally than others, but because he is -usually more daring and active; and as the commandments by which boys are -ruled are mainly negative, his positive personality brings him into -conflict with them and leads others after him. - -But there are social circles in our midst where men are placed in the same -relation to the law as boys were at school. They are told to respect it, -and they know they must obey it at their peril; but it appears to them as -a series of senseless and unjust prohibitions which interferes with their -comfort and does not offer them any protection against their enemies. They -do not need policemen to protect their property, for they have none to -protect; and they feel quite able to look after their personal safety. -What they would appreciate would be protection from what they consider the -exactions of the factor and the tax-collector, and there are no police of -that sort yet. They have no respect for the law any more than I have -respect for a steam-engine, though I keep out of its way. If the law is -something that protects other people from them, but does not protect them -from other people, they cannot be expected to hold it in much respect; -they may look on it as their enemy. Many do not go so far, though they -distrust it and its ministers; but there are coteries, groups, who do -regard the law as something that it is praiseworthy to break. I am not now -referring to a man who makes a living by theft, but to the young people -who are brought up in certain slum districts and who there contract -inverted ideas of morality. Granted the existence of such circles, it is -easy to see how defiance of the law may get a young man the admiration of -his fellows; and as there are parts of the city where homage is rendered -to him who has most frequently and cleverly outraged the law by stealing, -or by tricking its representatives--where so far from honesty being -esteemed a virtue it is sneered at; where chastity is at a discount, and -the thief, rake, and bully is the ideal character--there is no reason for -any wonder that in the face of punishments there is no lack of offenders. -These people see no reason to respect our rules of conduct. Our -punishments may exercise a deterrent effect on them to the extent of -causing them to modify their methods of operation, but the bogey we fix up -for their warning will not make them virtuous or cause them to alter the -standards they have set up. - -Punishment does not deter the great mass of our fellow-citizens from -committing crimes. They are law-abiding because they have no inclination -to break the law and no inducement to do so. Let it press on them and we -may hear another story. I am old enough to remember when in 1886 it was -proposed to give Home Rule to Ireland; we had then professors and eminent -citizens threatening to take up arms rather than allow the proposal to be -carried. They were genuinely alarmed for the safety of their friends, and -their respect for the law took a back seat for the time. It is an easy -matter for many of us to stand by the laws, for we have not felt their -pinch. That may be a reason why there is always such a difficulty in -changing them, and why almost any change is supported by the poorer -classes. Certain it is that even among the honest and welldoing poor there -is a suspicion of the law and a reluctance to have anything to do with it. -Those who are definitely at war with it and those who may be tempted to -join them, are the only persons whom we may reasonably hope to deter from -the commission of certain offences by our arbitrary punishment of those -whom we catch; and even in their case there is no ground for the belief -that the deterrent effect is such as to cause them to mend their way of -living, but only to modify their methods. The real deterrent is social -opinion, and when one of them comes out of jail it is quite evident that -his imprisonment has not caused him to sink to the smallest extent in the -estimation of those whose good opinion he values. - -Serious crime has steadily declined in Glasgow as the nests of the -criminals have been torn down. They are much less potent for evil when -separated from each other than when herded together; but now and then -there is a recrudescence of brutality and violence followed by demands for -more severe treatment of those who are captured. In France, lately, the -guillotine has been brought forth again with the object of frightening the -bandits. I know nothing about conditions there; but it is quite evident -that here we might have such a demand resulting from an outbreak of crime, -caused not by leniency of treatment of prisoners, not caused indeed by the -way in which any part of our penal system acts, but due to the impunity -with which the sharpers and criminals in our midst are allowed to -practise. So long as there is no provision whereby a man can obtain -opportunity for honest work with a guarantee that the fruits of his labour -will not be taken from him, there will be many unemployed. Most of them -are quite well-disposed persons, but some of them are not. We cannot deal -properly with the shirkers and sharpers till we have separated off the -merely unfortunate. When we have seen that men have opportunity to support -themselves we shall be fairly entitled to question the person who has no -visible honest means of subsistence as to how he is obtaining his living; -and, failing satisfaction, to deal with him. Meantime they are mixed up -with the honest and law-abiding but unfortunate citizens, to the -aggravation of the misery that honesty and poverty combined have brought -on them. - -Let them combine and act together and there is no saying how far they may -go; not because our prisons are too comfortable; not because of anything -that does or does not take place there; but because our cities are not -properly managed; because we have permitted the aggregation of people -under conditions that have been favourable to the growth of an anti-social -sentiment; because we have bred the monster that strikes fear into us. - -The treatment of the criminal may be wise, or it may be as foolish as I -think it; but you might as well blame the method of treating a typhus case -in hospital for the spread of that disease in an insanitary area, as blame -the leniency of the courts for any outbreak of crime you may have in the -areas which are known to be infested with criminals. All the elements are -there for such an outbreak, and if it occurs it will be because we have -permitted them to combine. How far we are justified in making one person -the scapegoat for the sins of another, even if we could do it, is a matter -for discussion by those who are concerned with such problems. For my own -part, I do not think it fair to make an example of anybody, as it is -called, and I do not believe that it serves any good purpose that could -not be better attained by more rational means. - - - - -PART III - -THE TREATMENT OF THE CRIMINAL - - - - -CHAPTER I - -THE MACHINERY OF THE LAW - - The police and their duties--Divided control--Need for knowledge of - local peculiarities--The fear of "corruption"--The police cell-- - Cleanliness and discomfort--Insufficient provision of diet, etc.--The - casualty surgeon--The police court--The untrained magistrate--The - assessor--Pleas of "guilty"--Case--Apathy of the public--Agents for - the Poor--The prison van--The sheriff court--The procurator-fiscal-- - Procedure in the higher courts--The Scottish jury. - - -To the majority of people the living representative of the law is the -policeman. It is his duty to protect the citizens from evil-doers, and to -arrest offenders. He is the subject of a good deal of chaff, but his -position is generally respected; and although men get into the force who -by temper and experience are quite unsuited for their work, the great -majority discharge the duties laid upon them in a manner that is -surprisingly satisfactory, when the demands made upon them are taken into -account. They are supposed to have a knowledge of the law, and for -practical purposes they must know something of medicine in order that they -may give first aid to the injured; they are expected to be able to answer -questions of an exceedingly miscellaneous nature when asked by the passing -stranger; and they require to be always cool and clear-headed, to be ready -for any emergency, and to have a temper that nothing can ruffle. If they -have enough of these desirable qualifications to satisfy the authorities -they may receive a salary for their services rather better than that given -to the unskilled labourer. - -That efforts are made to obtain good men for the post is undeniable. That -these efforts are always so enlightened or so successful as they might be -is not so certain. In Glasgow, for instance, a standard of height is set -up which excludes the vast majority of Glasgow-bred men from this -occupation. In some parts of the country men go to flesh and bone, and -they are big-framed and brawny; but this is not the case in the town. Yet -a man's height offers no presumption of his fitness for any position -involving the exercise of judgment. A minimum 5 ft. 6 in. includes all the -5 ft. 7 in. and 5 ft. 8 in. men; and a minimum 5 ft. 9 in. excludes all -these and limits the choice of candidates very much. It is not the best -men to act as guardians to the public peace that are sought, but the best -men amongst those of a certain height; and this is bound to lower the -standard of efficiency. Indeed, the higher the standard of height the -lower the standard of efficiency will tend to become, because of the -limitation of choice implied. - -The police force is a civil force and ought to be entirely under the -control of the citizens through their representatives, but this civil -force is not formed on any conception of civic needs. It is organised on a -military model, and subject to inspection by a military man on whose -reports to the Secretary of State its efficiency is decided. Nobody seems -to think of asking what such an inspector knows of the needs of the -district whose police he inspects. His training enables him to tell when a -man carries himself well and turns out his toes nicely, and the ability of -the police to do so is aided by their going to inspection in new -uniforms; so that the inspector sees a number of men in new clothes, and -decides by their bearing their fitness to act as policemen. This condition -of things enables a man to earn a salary who might otherwise be -unemployed, and if it stopped there the absurdity might be worth the -money; but when a police force is to be judged and their grants to be -graduated, not according to their knowledge of the work, but according to -the ignorance of their inspectors, there is likely to be trouble. If the -police require to pay more attention to the inspector who can stop their -grant than to representatives of the citizens in whose service they are -supposed to act, it is a bad thing for the police and for the citizens. - -Every district has its own peculiarities, not observed by those who live -there because of custom, but noticed by strangers and sometimes -disapproved by them. It is an advantage, therefore, that those set in -positions of authority should be acquainted with the customs and manners -of the people among whom they live. A policeman will discharge his duties -with more comfort to himself, more credit to the force, and greater -benefit to the community if he knows those in the district in which his -duties lie. Unless he is in touch with the law-abiding elements therein, -unless he knows them and has their confidence and support, in many cases -he will not be in a position to distinguish between conduct that is -harmless and conduct that is criminal. For instance, it is well known that -professional thieves depend largely on their coolness and daring for their -success. If "thief" were written all over them they would starve, and they -only earn their living because, to those who are personally unacquainted -with them, they are not distinguishable from honest men. The policeman -knows this; and if he sees a person coming out of business premises long -after business hours, he quite naturally questions that person by look or -by word. If he does not know whether the person has a right to be there he -may make a fool of himself, either by arresting a man who has had -legitimate business on the premises or by letting a thief get away. He is -on the horns of a dilemma in which he should not be placed. - -Again, supposing complaints have been made about lads loitering around -certain closes or corners, and the policeman has been instructed to have -this stopped. If he knows the inhabitants of his beat he is able to -discriminate between those who have a certain right to be about the place -and those against whom the complaint is directed. If he does not know them -he may reprimand or arrest the wrong people altogether, causing trouble -for himself and widespread irritation that need never have been aroused. -Those who have been affronted or injured do not take his difficulties into -account; and it may be that those who are responsible for placing him in -what is, after all, a false position, have not sufficiently considered the -evil results caused thereby. - -The military habit of assuming that every man is like every other man, and -shifting people about like so many dolls, has its disadvantages in civil -life. It does make a difference whether the man set to do a certain duty -is acquainted with the conditions in which he is placed or is ignorant of -them. Even at the door of a court not only discretion but knowledge is -necessary on the part of the door-keeper, and from neglect to recognise -this simple fact a Sheriff has been stopped at the door of a High Court; a -Procurator-Fiscal after thirty years' service in the court has been -refused admission; and the medical officer in attendance has had to demand -to see a superintendent before he could get in. If such things are -possible in cases like these, it is quite clear a good deal of trouble and -annoyance, and possibly a good deal of injustice, may result in quarters -which cannot be said to be influential. - -It has been said that it is advisable to move men about from one district -and from one duty to another in order to prevent their possible -corruption; but the men are neither so stupid nor so bad as this reason -would imply. The person who is corrupt will carry his corrupt tendencies -with him over a wider area and be quite as dangerous there; for the less -he is known the more readily will his personal defects escape supervision -and criticism on the part of those among whom he works; and it is better -that he should be discovered and dismissed than that the great mass of -policemen, who are neither stupid nor corrupt, but who are honestly -seeking to discharge their duty in such a manner as to gain them the -goodwill of their fellow-citizens, should have their work rendered -unnecessarily arduous and difficult. Too much is expected of them -considering the opportunities they are allowed, and their faults are due -more to the system by which they are ruled than to any personal defects on -the part of the men. Anything that will bring that system more intimately -in touch with the needs of the community and more sympathetically in -contact with the difficulties of the poorer classes will help towards the -efficiency and also the comfort of the force. - -When a person is arrested on any criminal charge he is first taken to the -local police station, where the charge is entered. He is searched and -placed in a cell, and if there is anything special in the charge against -him, or in his appearance and behaviour, his treatment may be modified -accordingly. In the great majority of cases the person arrested is only a -petty offender at most. If he has money sufficient, he may hand it over as -bail and be released with a notice that if he does not appear at a time -and place specified his money will be forfeited and he may again be taken -into custody. If he or his friends cannot leave a pledge for his -appearance he makes acquaintance with the routine of administration. He -becomes the tenant of a cell where he remains till the sitting of the -court next morning. If the cell accommodation is fully taken up he may -have company; and while every effort is made to prevent old offenders -being placed in the same cell with those who are in for the first time, -the best that can be done is bad. - -Although prisoners are presumed to be innocent till they are found guilty, -they are in many respects worse treated while waiting to be sent to prison -than after they arrive there. This is not the fault of the police so much -as that of the authorities who are responsible for the accommodation or -the want of it. A drunk man may be a very helpless or a very intractable -person, and little can be done for him till he is sober. His condition is -such that it is quite clearly not the best practice to put him in a cell -and leave him there. It is no uncommon thing to find that the drunkenness -has masked some more serious condition; but even although there should be -nothing behind his intoxication, the man is more liable to contract -illness than a sober person. In less enlightened countries than ours such -prisoners are not left alone, but are kept warm and placed under -observation till they are sober. In our country they are less carefully -treated. Drunk or sober the prisoner is in an uncomfortable position. - -The police have difficulties to contend with that are not present in the -prisons. The prisoners they arrest are not appreciably more dirty than -when they arrive at the prison, but in the police cells there are not the -same facilities for making and keeping things clean. There is no supply of -free labour and not a generous provision of paid cleaners, and the cells -in some cases seem to be constructed more with a view to saving the -expense of cleaning than to providing for the reasonable custody of -prisoners. Wooden floors are less easily cleaned than asphalt or cement, -and both in the prisons and the police cells this seems to determine their -construction. It is a piece of senseless cruelty in a climate such as -ours, as anyone can easily find out for himself if he cares to try. In -such a place even in warm weather it is difficult to keep the feet warm, -and cold feet do not improve a man's temper. - -The newer cells are lined with glazed brick in deference to some sanitary -notions. It is a great pity that the apostles of sanitation cannot be -compelled to live in the places they design. No doubt the glazed walls are -more easily cleaned than whitewashed brick would be, but they strike a -chill into the occupants of the place, and moisture condenses on them in a -way that it does not elsewhere. Cleanliness let us have by all reasonable -means, but to be clean it is not necessary to be uncomfortable; and such -methods are enough to disgust with cleanliness those who have to submit to -their results. Another objectionable feature of the cell is the presence -of a water-closet in it. Surely the sanitary expert has been napping when -this was arranged; but here again the matter seems to be one of expense. -The reasonable way would be to escort prisoners to a place when necessary, -but that would mean the provision of a proper staff of warders. The cell -is otherwise unfurnished save for a raised slab of wood which takes the -place of a bed. There is no bedding provided. It is a barbarous provision -for the man who is presumed to be innocent. As for his diet, there is none -prescribed. He may have food sent in or he may have money to purchase it. -If not, he will have to get along on bread and water, not having been -proved guilty. In the morning he will be brought before the court, and if -he asks for it he may have water to wash himself before appearing there. -Cleanliness is not enforced, though it may be encouraged; but judging by -their appearance when admitted to prison, not many have sought the -water-basin during their stay in the police cell. - -By the Summary Jurisdiction Act, 1908, it was provided that persons should -not be kept in police cells for more than one night, and all persons -remanded were sent to prison, to their distinct advantage; for there the -staff and conditions are arranged for the custody of prisoners, and they -are free for the time being from the noises incidental to the arrest and -confinement of drunken persons, while they have a better chance of having -their needs attended to. This procedure entailed more work on the -officials, a difficulty that could easily have been overcome by a small -increase in the staff. It meant not more trouble than is necessitated in -the case of persons remitted to higher courts, and if the interests of the -prisoners who are presumed to be innocent had been considered the Act -would have remained in force; but their convenience was not represented so -powerfully as that of the officials, and reversion to the old, bad plan of -retaining prisoners in the custody of the police has taken place. They may -be kept in the police cells for forty-eight hours. - -Some of those who are arrested may be suffering from injuries or disease. -To attend these a casualty surgeon is employed. When he is asked to do so, -it is his duty to call and see prisoners who complain or who are obviously -ill. His pay is small; and from it, until lately, he had to provide any -dressings and medicines that were required. It is not part of his duty to -see every prisoner before the court begins. Occasionally people are sent -to prison who should never have been brought before the courts at all. -Both police and surgeon are placed in a very difficult position by the -system. The police may err in their judgment as to the condition of a -prisoner and may fail to direct the attention of the medical man to him. -On the other hand, if they call in the surgeon too frequently to see -persons who are not in need of his services he may reasonably complain, -and dissensions may arise on this account which will make the working of -the system irritating to all parties. In order to their comfort, surgeon -and police have to make allowances for each other and to stand by one -another in a way that is not likely to make for such efficiency of service -to the public on the part of either as is desirable. When some -extraordinary case attracts attention blame is lavishly showered upon the -police; and it is generally undeserved, at least in the form it takes. -They are not to blame because of their failure to do things for which they -are unfitted. They may be to blame for not protesting against duties being -thrust upon them which should be performed by others. It is misdirected -economy to underpay medical men, and until this is recognised accidents -may be looked for and incidents will occur to shock the public because of -the injury which some person has inadvertently sustained. - -In the Court the Burgh Procurator-Fiscal may prosecute, or his depute may -act for him. In Glasgow with all its police courts there is only one -trained lawyer who prosecutes. The great mass of the charges are conducted -by his deputes, who are invariably police officers. The only witnesses in -many cases are constables and the prosecutor is one of their superior -officers. It is a state of affairs that does not impress an outsider by -its wisdom, and it is not regarded by those who come within its scope as -being fair. The police have too many duties thrust upon them. - -On the bench, in the great majority of cases, there is an untrained judge. -In Glasgow there is only one stipendiary magistrate, who is a trained -lawyer. The others are magistrates of the city, who have to discharge a -multitude of duties, among which is that of sitting in judgment on their -fellow-citizens. They have been elected to the Town Council to serve their -constituents as members of that body, and in due course they are made -Bailies. Nobody pretends that they are thereby endowed with a knowledge of -the law, experience in weighing evidence, or the judicial mind; but they -are invested with judicial powers, and in certain cases can send men to -prison for twelve months. They are usually men of excellent character and -intentions, but unfortunately both of these qualities may exist with utter -incompetence from a judicial standpoint. The draper would not admit that a -grocer could exchange businesses with him and the concern go on as well as -ever. Each man knows that to learn his own trade requires time, to speak -of nothing else; but they appear to believe that all that is required to -enable them to execute what in law stands for justice is the possession of -a chain of office. Were there any foundation in fact for such an idea -many weary years of study would be saved; for it is easier to get a chain -than a licence to practise. That they are usually quite satisfied of their -own fitness for the work goes without saying; and it would be a piece of -vanity as harmless as it is foolish if the liberty of so many were not -placed in jeopardy by it. It has been urged as an argument against the -appointment of trained lawyers that there were fewer appeals from the -decisions of the Bailies than from those of the professional man. This is -meant as a testimony to their superior fitness, presumably; for the only -relevant inference from the statement is that the Bailie is better -qualified to act as a judge than the man who has had a training in the -work. It is a startling testimony to the superiority of inspiration to -reason. There are no testimonials from those who had appeared before the -courts either as prisoners or agents, however; and the plea is not -convincing. That it should ever have been made is a striking commentary on -the fitness of those who made it; or on their modesty. - -Appeals from police-court decisions can only be made on a case stated by -the magistrate whose judgment is appealed against. Trained men are not -free from liability to error, and they recognise the fact. If a case is -stated in such a way that the issue is obscured there is no use in -attempting an appeal; so that freedom from appeals may as readily be a -testimony to the inefficiency of a judge as to his efficiency. It may -afford a presumption that he is not only unfit to try a case, but not to -be trusted in stating one. To suggest that it affords evidence of the -superior ability of the draper and the grocer to the lawyer in law -matters, is to presume too much on the credulity of the public. If they -are really so splendidly endowed it is surprising that they should not -place their services at the disposal of one another when a question of -trade causes dispute. In that they might be expected to have knowledge at -least; but though Bailies have power to send men to prison they are not -empowered to try civil causes involving the property of their -fellow-citizens. That is to say, they have power over the lives, but not -over the property of the lieges. This is surely a grave injustice; either -to them or to the prisoners. - -In every court where a bailie presides he is aided and advised by an -assessor, whose duty it is to keep him within the law. It is a somewhat -farcical situation. The prisoner is there because he is charged with -breaking the law; the bailie is there to try him on the charge; and behind -him is a legal gentleman to see that the judge does not himself break the -law in the process! He may either take the advice of the assessor or -disregard it, but he is the responsible magistrate. If he follows the -assessor's advice, that official is in the exercise of power without -responsibility, which is not a position in which anybody should be placed; -if he follows the inner light, the "safeguard" which the assessor is -supposed to be is useless. - -It is looked upon by many as a very small affair, this whole matter of the -Police Court, but it is really a very large affair and a very important -one. Police Courts are those where most offenders appear for the first -time, and from them they are first sent to prison. As the first step -counts for so much, it is of the utmost importance that those who come -before these Courts should have their cases thoroughly considered. This -cannot be done if the proceedings are hurried, and it is notorious that -Bailies "try" scores of prisoners in a day, the work not appearing to -interfere with their ordinary occupations. Many of the prisoners plead -guilty; but it is well known that there is a widespread belief among the -labouring classes that if you plead guilty you get a shorter sentence. -What justification there is for this belief I cannot say, but of its -existence and its operative effect there is no room for doubt. They do not -seem to take into account the effect the registration of a conviction may -have against them at any future time, and pleas are given that no lawyer -would advise. - -I do not mean to suggest that people in large numbers plead guilty when -they have no knowledge of the offence, but that the act they have -committed may have been capable of another than a criminal construction. X -30, a girl, is charged with fraud, which is a sufficiently serious crime. -She has no previous convictions against her. She is remanded to prison, -and there states she has been advised to plead guilty and she will get off -lightly. She is told of the grave nature of the offence and legal -assistance is obtained for her. It is found that she is a wayward girl who -left her people and came to Glasgow. She obtained employment in a shop, -and got lodgings in a part of Glasgow that is not very reputable and with -people who were not likely to keep her straight. She lost her work and was -kept on in her lodgings; but an event occurred there which made it -imperative that she should go elsewhere, and she removed to the house of -her landlady's daughter. She was there a fortnight when she met a woman -whom she knew and through her obtained a situation. She left her lodgings -and went to live with this woman. At the instance of her former landlady -she was arrested for obtaining board and lodgings on false pretences. It -was shown that she had paid her debt while she was working; and she -protested she had made no false pretences, but meant to pay the balance -when she could. The case was adjourned to enable her to do so. If she had -not had legal advice and assistance there is no doubt that this girl would -have had a conviction for fraud recorded against her. She had got into bad -company and was on the way to the gutter, but by the operation of the law -she would have been driven there. To deal properly with the large numbers -which come before the Police Courts would take a great deal of time, but -that is no reason why the cases should be hurried through. - -If a man has the means to fee a lawyer he is in a better case, or if he -has committed an offence which is serious enough to cause his remand to a -higher Court, for there he will get legal assistance free; but if he is -simply a petty offender with no one to help him he will probably get dealt -with without any loss of time and be sentenced by scale. - -It is time that some provision was made to have the police court made less -a police court and more a court of justice. There is far too much police -about it for the public interest. Anybody may attend, but few do so; and -the proceedings might for all practical purposes be conducted in private, -so far as the towns are concerned. The cases are seldom reported, and when -the newspapers do notice the proceedings it is usually in a jocular way; -but they are no joke to the persons concerned. A sensational murder is -detailed and canvassed as though the only matter of importance to the -country was the hanging of the wretch who has got into the limelight. -Every hysterical theorist is anxious to get his opinion of the proper way -to treat criminals put before the public; and all the time we are busily -engaged in putting into our machine young and old who have taken the first -step downwards, and congratulating ourselves on the smoothness with which -it works. It is not cruelty that causes us to behave in this way, but -sheer stupidity and lack of imagination. Now and then a man who has eyes -to see gets made a Bailie, but he makes a poor police judge. Those who -look upon themselves and are credited by others with the heaven-born -instinct are as likely to be the men whom no one would trust to be a judge -in his own cause; and it is quite possible for a man who is narrow-minded, -vindictive, and callous to have the fate of his poorer fellow-citizens -placed in his hands, and, because he likes the work, to continue on the -bench long after his term as a Bailie has expired. If it is important to -deal with wrongdoing in the beginning; if it is desirable to prevent -people from being sent to prison when that can be avoided; it is obvious -that we must see that our minor courts are so arranged and so officered -that those who come before them have at least as good a chance of having -their cases weighed as the old hands who go to the higher Courts get -there. - -The Sheriff may sit to try cases summarily, just as the Bailie does; but -the court is ordered differently. The Procurator-Fiscal has no connection -with the police. The case is reported by them to him and he makes his own -enquiries and may drop proceedings altogether. The Sheriff is an -experienced lawyer and he sees that the prisoner's case is properly -presented. The prisoner, if he wishes, may have a law-agent to appear on -his behalf, and in jury cases it is the duty of the prison authorities to -see that a lawyer has the defence in hand. - -In Scotland it has been the custom for all indicted prisoners who have not -the means to pay for legal advice to receive competent legal -representation. The Agents for the Poor give their services freely and -ungrudgingly. They behave towards the poor person who is accused of crime -in the same way as the hospital doctors do to the sick who present -themselves. In the course of their work they have to devote considerable -time to the cases of those whose defence is entrusted to them; and if the -charge is one that brings the accused before the High Court they appear by -counsel for him. No person appears in the dock of the High Courts in -Scotland who has not a qualified member of the Bar to defend him; and the -absence of financial means does not affect this privilege. This provision -of legal advice and assistance is not made at the expense of the public, -but at that of the profession; and it is of as much benefit in its own way -as that made for the sick by the members of the medical profession. I have -never seen young medical men work with more enthusiasm to pull a patient -from the jaws of death than is shown by the lawyers in their efforts to -snatch the accused poor person from the hands of the prosecution. In both -cases the energy might be expended to better purpose; for sick persons are -frequently restored to health only to become a greater nuisance to their -neighbours, and some accused persons are acquitted and sent out to prey on -society; but when all discount has been made there is left a great deal of -good work that was well worth doing. With regard to the work of both -doctor and lawyer, we may some day take steps to see that the persons -restored to health do not use their powers to the disadvantage of society, -and that those restored to liberty do not use their freedom to molest -others. At present we take no account of them once they have ceased to be -cases--to our disadvantage as well as to theirs--and no one recognises -more clearly than the lawyer that he is sometimes engaged in the attempt -to turn loose on society a man who has no intention of conforming to its -laws. On the other hand, everyone who has taken part in the work knows -that were it not for his action serious injustice would be likely to take -place. - -If there were as full a provision made for the defence of prisoners who -come before the Police Courts as exists for that of those who appear in -the higher Courts, it would be alike to the advantage of the officials, -the prisoners, and the public; but to ask that such a provision should be -made at the sole cost of the legal profession is to ask too much. In -special cases they have never been appealed to in vain; and they need to -give more time to one case than would enable a medical man to attend -twenty. Their services are not sufficiently appreciated and known by the -general public, or it would be recognised that they have contributed to -save many poor people from degradation and helped to prevent accessions to -the ranks of the habitual offender. No one would propose that prisoners -who are called before the higher Courts should be deprived of skilled -advice and advocacy unless they are able to pay, and yet there is less -need in these Courts than in the Police Courts for the provision that -exists. - -When a prisoner has been remitted from a Police Court he is transferred in -a van to prison, to await further proceedings. It has often been remarked -that the various departments in Corporations seem to act independently of -each other. The Sanitary Department acts energetically to prevent -overcrowding in some circumstances, but the van used for conveying -prisoners to prison seems to have escaped their notice. It is a -prehistoric vehicle in the form of a bus without windows. It is divided -into compartments each holding a number of prisoners, and the partitions -contribute to prevent proper ventilation. It is lit by a few panes in the -roof. On a hot day it is stifling. Any vehicle of the kind would never be -licensed for the conveyance of ordinary passengers, animal or human, by a -modern sanitary authority. - -The presiding judge in the Higher Courts is either a Sheriff or a Lord of -Justiciary. The Sheriff has jurisdiction over a County and may sit both as -judge and jury; that is to say, he may try cases summarily; but his Court -differs materially, even when he is doing so, from that of the Burgh -Magistrate. In the first place, more public attention is given to the -proceedings, for the higher the Court the greater is the interest shown in -its work. In small country burghs this rule may not hold good, for there -the inhabitants know more of what is doing in their midst. They may be -acquainted with police, judge, and offender, personally; and in that case -are likely to take a lively interest in the proceedings, criticising -freely all the parties and influencing powerfully the tone of the Court; -but in a great city the Police Courts might as well be held anywhere for -all the effective public supervision and informed criticism they receive. -Then the police are not prosecutors in the Sheriff Summary Courts. The -prosecution is conducted by a Procurator-Fiscal who is appointed by the -Lord Advocate, and who holds his appointment for life and is not in any -way under the authority of the police. The Sheriff is a man of experience -in his profession, and is continually engaged in judicial work, mostly of -a civil character. He is not merely or mainly engaged in dealing with -criminals, and is not likely to acquire a subconscious prejudice against -the defendant. - -The Lord Advocate is the head of the department concerned with -prosecutions in Scotland, and no criminal action can be taken without his -direction or concurrence. Private prosecutions at common law are -practically unknown. His deputes act for him in the higher Courts and are -instructed by the procurators-fiscal, who are solicitors and prosecute in -the Sheriff Courts themselves. It is their duty to make enquiries into all -charges with which the Police Courts are not competent to deal, and these -enquiries are conducted privately. From the time a prisoner is passed on -to them until he appears at the Court to plead or to be tried there are no -public proceedings against him. He is brought into the Court at an early -stage, the charge is read over to him, and he is asked to make a -declaration. A law-agent is provided for his assistance, and he is told -that anything he says by way of declaration may be used against him. The -agent may advise him to say nothing and he usually does so, his -declaration amounting simply to a denial of the charge. This is signed by -him and read at his trial, usually closing the case for the Crown. While -the declaration is being taken the public are excluded from the Court. If -the Procurator-Fiscal considers that his enquiry does not justify further -proceedings the charge is dropped, provided the Lord Advocate agrees; but -if the authorities are satisfied there is a case for trial an indictment -is served. - -In Scotland when a prisoner is indicted to appear before a jury court he -must be served seventeen days before his trial with a copy of the -indictment, containing the charge, a list of the productions against him, -and a list of the witnesses to be called for the prosecution. Seven days -thereafter he is brought before the Court to plead to the charge. If he -plead guilty he may be dealt with there and then. If he plead not guilty -his plea is recorded and he is sent back till the second diet of the -court. If he intend to set up a special defence, such as insanity or an -alibi, notice of such defence has to be given at the pleading diet; but -the witnesses he intends to call need not be notified to the Crown until -three days before the trial by jury. The prosecution cannot add any -productions or any witnesses to the list furnished in the indictment; but -if it is decided that additional witnesses are required the diet may be -deserted and a new indictment served. In no case, however, can a prisoner -be kept with a charge hanging over his head for more than one hundred and -seventeen days from the date of his committal. After that time he is -entitled to be liberated and no further proceedings on the charge can be -taken against him at any time. - -The Crown usually makes careful enquiries in the public interest when any -special plea of insanity is brought forward; and if satisfied that the -plea is a valid one, has provided, at the public expense, expert testimony -to that effect on behalf of the prisoner. The greatest care has been taken -to ensure that prisoners brought before the higher Courts do not suffer -from lack of means, and there is never any disposition on the part of the -prosecutor to make it a point of honour that he should obtain a -conviction. There is no speech by the prosecutor in opening his case. So -far as the Court is concerned the jury start without any bias against the -prisoner, and as the evidence is led they gain their knowledge of the -case. In most cases the prosecutor does not address the jury at all. He -contents himself with leading evidence. The character of the prisoner is -not disclosed to the jury until after their verdict has been returned. If -during the trial any reference is initiated by the prosecution as to -previous convictions, the prisoner is entitled to an acquittal upon the -charge against him. The point the jury has to determine is whether the -person committed the crime charged, and they have to find their verdict -simply on the evidence led. - -The Scottish jury consists of fifteen men, and the verdict of a majority -is required. They may decline on the evidence to express an opinion on the -prisoner's guilt, but instead may find the charge not proven. This is the -most practical provision for giving a prisoner the benefit of any doubt -that exists in their minds after hearing the evidence. Whatever the -verdict may be, the prisoner, having been once tried, cannot again be -charged with the same offence. It is difficult to conceive any system -under which a prisoner charged with crime could be more fairly treated; -and if in the minor Courts offenders received the same consideration, the -number sent to prison would be greatly diminished and the ranks of the -habitual offender would fail to receive so many recruits. - - - - -CHAPTER II - -THE PRISON SYSTEM - - Centralisation--The constitution of the Prison Commission-- - Parliamentary control--The Commissioners--The rules--The visiting - committee--The governor and the matron--The chaplain--The medical - officer--The staff. - - -Before the year 1877 all the Scottish prisons, with the exception of the -Penitentiary at Perth, were under the control and management of the local -authorities. One result was that there were many standards of treatment, -and Parliament decided that as the prevailing methods were unsatisfactory -the treatment of prisoners and the management of prisons should be vested -in a central Board. - -The changes made by the Prison Commission have been many, and the prison -of to-day is widely different from that of forty years ago; but before -attributing all improvements to the new system it is fair to take into -account the progress made in local administration during that time. The -true comparison is not between the prison of forty years ago and that of -to-day, but between the prison and the local institutions of to-day. -Central management is likely to result in uniformity of routine and -treatment in all prisons; but it is questionable whether that is a gain. -It may tend to more economical administration if the test is one of -expenditure of money, but it makes experiment in the way of reform very -difficult. Not only are no two men alike, but no two districts are alike; -and methods of dealing with people belonging to one part of Scotland are -not necessarily the best to apply to the inhabitants of another part. It -is not a good thing to bring prisoners from outlying districts to centres; -there is always a danger of their remaining there after their liberation -and obtaining introductions that will not be likely to help them except in -the way of wrongdoing. The large institution may cost less money, but it -can never have such intimate supervision as the small one. - -The Prison Commission for Scotland consists of two ex-officio and two paid -members. The ex-officio members are the Crown Agent and the Sheriff of -Perthshire. The Crown Agent goes out with the Government of the day, but -he is not usually a Member of Parliament. The Sheriff of Perthshire in -virtue of his office had a place on the board which managed the old -Penitentiary at Perth; that is probably the reason why he is a -Commissioner of Prisons under the Act of 1877. It is certainly not because -Perthshire is a county which contributes many criminals from its Courts to -the prison population. - -There are thus two lawyers on the Board, one being a judge and the other -being the solicitor in whose office public prosecutions are directed. The -other Commissioners are permanent civil servants, appointed by the -Secretary for Scotland. - -At first there were also two Inspectors who gave their whole time to the -work of visiting the various prisons and reporting on their condition and -management to the Secretary of State, but in process of time there has -been a change, and now the Secretary of the Commission is the only -Inspector. - -The Commissioners themselves visit the prisons and inspect them; but as -they are responsible for the management, the arrangement is open to the -criticism that they report on their own work, without independent -inspection. - -The Secretary of State is the head of the Board, and is responsible to -Parliament for the work of the department; but his sole means of knowing -that work is the reports he receives from the Commission. Whether on all -boards Members of Parliament should not have a place and power, just as -members of a town council form the supervising authority over the work of -its departments, is a question that will bear discussion. At present the -Member of Parliament can only make himself a nuisance by asking questions; -that is what it amounts to, since no matter what the answer may be, it -leaves him very much where he was. He is usually as ignorant at the end as -he was when he began. Some aggrieved constituent having more faith than -knowledge has made an _ex-parte_ statement to his representative, who puts -a question to the Minister, who passes it on to the department concerned, -which transmits to him the answer given by the person complained of, which -shows that there is no ground for the complaint. It may be uncomfortable -for someone, but it is not business. If the complaints are too frequent or -the complainers too influential to be disregarded, the Minister forms a -committee of enquiry which turns things up for a time, censures somebody -who is too small to cause trouble, makes a few apologetic suggestions for -alterations, white-washes with liberality those who most need it, and -presents another report for the waste-paper basket. - -Spasmodic enquiries can never make up for systematic neglect, and their -effect is seldom to cause as much improvement as irritation. The danger to -the public service is not from corruption, but from the official mind -getting out of touch with the spirit of the time and the needs of the -public. - -Rules for the government of prisons are laid down by the Secretary for -Scotland, and these rules become statutory after they have been laid on -the table of the House of Commons for a period. They define the duties of -the various officials, lay down regulations for the treatment of the -prisoners, and deal in detail with the management of the prisons. - -The Commissioners have the whole control in their hands, subject to the -rules. They appoint all the inferior officers; transfer and promote them; -or dismiss them if their conduct is unsatisfactory. They do not appoint -the superior officers, but it is to be expected that their advice will be -considered by the Secretary of State, with whom the nominations lie. As a -Commissioner cannot be in more than one place at a time, they cannot be -expected to have any intimate knowledge of the capability of the men who -depend for promotion on them; and their task in this matter alone is no -easy one. As for knowledge of the prisoners at first hand, that is -impossible; for prisoners are as hard to know as other people, and one -person cannot know much of another as the result of an occasional short -conversation. If they were liable to err they could not be criticised -effectively; for any official who might be in a position to criticise -would run the risk of not being in that position long; any prisoner might -be looked upon as a prejudiced person; and no member of the public is able -to offer criticism, for he does not know the facts. This is an unfortunate -state of affairs; for even the ablest minds are the better for being -brought in conflict with others and in contact with other ideas, and a -system that discourages independent thought is not likely to lead to -rapid progress. It has its advantages, however, for a knowledge of the -rules and a habit of always carrying them out ensure to the prisoner, -peace, and to the officer a good reputation and better prospects than he -could ever hope for if he were foolish enough to set his brains to work. - -In a private business, when a man gets a position, he cannot hold it -unless by exercising his judgment in such a way as to satisfy his employer -that he is worth his salt; when he fails in this he is liable to -dismissal. In the public service the case is different. There is no -question of bankruptcy for one thing, and there is security of tenure for -another. You cannot depend on always having men of ability in the posts, -but by the aid of rules you can teach a person of moderate talent to get -through his work. To disregard the rules may be justifiable in a given -case and so far as that case is concerned, but it is liable to knock the -whole machine out of gear. - -There are many able men in all branches of the civil service, and the fact -is often referred to by Cabinet Ministers amid loud cheers from the -public; but they recognise the need for routine and follow it. They would -otherwise have less time for literary work, in which they can use their -original powers to greater advantage. The public departments have produced -more poets, novelists, critics, and playwrights than any other large -businesses, as, for instance, the railways or the engineering trades. -These also employ talented men, but their talents are deflected to -business channels. If they had their work laid down for them in rules and -regulations they also might add to the gaiety of nations. - -Commissioners are always appointed from among men in a good position whose -minds have not been warped by any previous association with prisons. They -can thus approach their duties without prejudice; and officials and -prisoners alike have the satisfaction of knowing that they are in the -hands of gentlemen. - -Each prison has its visiting committee, consisting of members nominated by -various local authorities with the addition of ladies nominated by the -Secretary of State. Under the rules for prisons it has considerable powers -of criticism, but they are not much used. In Glasgow the committee meets -once a year, when its members arrange to visit the prison in pairs once -monthly. In practice this means that each member spends in the prison two -or three hours on an average every year. How much the members can learn -about the work of the prison in that time may be surmised. They go round -the place and ask each prisoner if he has any complaints, and they seldom -receive any. They see that the place and its inmates are kept clean; that -the food is good; that the sick are being attended to; and they may hear a -complaint of breach of discipline and award a punishment therefor -occasionally. They record their visits and make any suggestion that may -occur to them. They may communicate direct with the Secretary of State if -they choose. - -They might perform a very useful part in the management of the prison if -their powers were used to the full extent and their meetings were more -frequent. They have no power to incur expenditure, but without doing so it -is quite conceivable that by inviting the officials to explain matters and -to direct their attention to special cases they might do a great deal to -suggest improvements, with a view to prevent certain people from being -sent to prison and to provide for others on their release. - -They have the power to allow or to refuse certain privileges to untried -prisoners. They are all agreed that the prison is an admirably managed -institution, as free from faults as any place could be; but whether they -have ever got the length of asking themselves what is the use of it is -doubtful. It is clean--as it well may be; it is orderly--which causes no -surprise, although its inmates are there because they "cannot behave -themselves"; there are no complaints, and at the end of a visit they know -as much of the inmates as they might learn of natural history by a walk -round the Zoo. - -They might conceivably be set to find out on behalf of the local -authorities they represent why the prisoners are there and why so many of -them return; whether it is not time we were seeking other means of dealing -with them, and what means; whether nothing more and nothing else can be -done than is done at present to help them on their liberation. The -Commissioners have enough to do; and in the nature of things they are not -so well qualified to deal with these subjects as the local authorities, -for they cannot come so intimately in touch with local conditions. But the -members of the visiting committees are usually busy men on the local -Councils and have little time to spend on prison affairs, which may be a -very good reason for the Councils nominating others who could find the -time. So long as they merely see that the prisoner is not being ill-used -outwith the rules, they are only looking after the interest of prisoners -and public in a partial way. When they begin to examine matters from the -standpoint of the public welfare--when they realise that the treatment of -the criminal is as much a matter of public health as the treatment of the -sick, and that it is to the interest of the community that it should be -undertaken in such a way as to lead to his reformation--it will be better -for everybody, including the prisoner. - -I can imagine local committees making discoveries for themselves with -regard to the causation of crime that would influence powerfully their -whole administration; bringing pressure to bear within the law where it is -most required and relieving pressure where it is harmful; using the powers -they have, instead of lamenting the want of power which there is no -evidence they could use if it were given them; but it needs a beginning. - -Each prison is in charge of a Governor who is in daily communication with -the office in Edinburgh. He visits the prisoners once daily and hears any -complaints by them or regarding them. He has the power to impose certain -punishments for offences against discipline, but if they involve a -decrease of diet they must be confirmed by the Medical Officer, who may -refuse to allow them on medical grounds. He is responsible for the -carrying out of the rules and his discretionary power is very small. No -qualification has been laid down for the position, and this leaves the -Secretary of State free to appoint anybody whom he considers most likely -to perform the duties satisfactorily, and prevents the post becoming a -preserve for the members of any profession. In Scotland military men have -been appointed, and members of the clerical staff and warders have been -promoted to governorships, but no professional man has ever been placed in -such an important position. When the Governor is absent or on leave his -place is taken by the head warder, who performs the duties of this -important office in addition to his own. - -Where there are a sufficient number of female prisoners there is a Matron -in charge of them, who visits them in the same way as the Governor does -the males and discharges similar duties towards them. - -The Prison Chaplain must be an ordained minister, and in the larger -prisons he holds services weekly and conducts prayers daily. He visits the -prisoners in their cells and administers spiritual consolation and advice; -and he does what he can to help them on their liberation. Prisoners who -are Roman Catholics and those who are Episcopalians are visited by -clergymen of those Churches in a similar way. - -The Medical Officer must be a registered practitioner, and it is his duty -to look after the health of the staff and of the prisoners. Of all the -officials he has the freest hand, for it has not so far been practicable -to direct the treatment of the sick from a central office; but his very -freedom--such as it is--may lead him into trouble should he pay regard to -differences of temperament among prisoners and go beyond a consideration -of merely physical signs. If he confine his energies to carrying out the -rules he need never fear death from work or worry. He may hope to become a -highly respectable fossil and have a place in the esteem of everyone to -whom he has caused no trouble. He can do much to help prisoners, not by -indulging them, but by humanising the place to some extent and setting the -tone. He need not be a better man than his colleagues, but he is less a -part of the working machine, and that should make a difference in his -attitude. He is not concerned with discipline, for the sick are free of -it, so that in a sense it is his business to interfere with discipline. -His work is to do the prisoners good in a way they can understand; and he -has even an advantage over the Chaplain, whom they also recognise as a -humanising influence, for men are usually a good deal more anxious about -their bodies than about their souls. The Governor may be a better man -than either the Doctor or the Chaplain, but his position as the head of a -system that the prisoners do not regard as directed to their aid handicaps -his influence on them. - -At one time the clerical staff of the prisons was composed of clerks, but -now men who join as warders are promoted to clerkships, serving part of -the day in the prison and part in the office. All applicants for -warderships have to pass a series of examinations and to serve on -probation for twelve months before being finally admitted to the service. -A rigid enquiry is made as to their antecedents; their health forms the -subject of a careful enquiry; and they have to pass an examination in -general education. After all this they receive a salary which is not -large, to put it mildly. It is a steady job, and therefore sought after by -those who prefer to take a small salary with security of tenure to risking -the rough-and-tumble of industrial life. Female warders are paid better -than men, as women's wages go. Compared with the work done by them in -other institutions they are well off, but there is not a rush for -vacancies. Both male and female warders in Scottish prisons will compare -favourably with any other body of officials; and the prevailing spirit -shown by them towards prisoners is kindly and human. - - - - -CHAPTER III - -THE PRISON AND ITS ROUTINE - - Reception of the prisoner--Cleanliness and order--The plan of the - prison--The cells--Their furniture--The diet--The clothing--Work--The - workshops--Separate confinement and association--Gratuities--Prison - offences--Complaints--Punishment cells--Visits of the chaplain--Visits - of representatives of the Churches--The gulf between visitor and - visited--The Chapel--The Salvation Army--Rest--Recreation--The prison - library--Lectures--The airing-yard--Physical drill. - - -Once prisoners are within the prison their condition is much more -comfortable than it had been when they were under the charge of the -policeman. When they leave the van their identity is checked and the -warrants for their detention are inspected. They are then passed into the -reception-room and are placed each in a separate box. They are taken one -by one and questioned as to certain details that are noted for purposes of -identification and for statistical records. Then comes the bath. The -prisoner removes all his clothing and an inventory of it is taken. When he -leaves the bath his own clothing has been replaced by a dress provided by -the State. His clothing is disinfected and placed aside in a bundle, -against the time of his liberation. He now receives a copy of the prison -rules, which he must obey; a Bible, which he may study; a hymn-book; an -industry-card, on which his earnings will be noted; and some other -articles; and he is passed on to prison. His life there is one of -monotonous routine whether his sentence be short or long. - -The prison surprises visitors by its quiet and by the conspicuous -cleanliness which is its characteristic feature. Yet it is not surprising -that people should be able to keep the place clean and tidy, when they -have little else to do and no opportunity for making it dirty and untidy. -The cleanliness and tidiness of a prison is different from that of any -household. It is not the cleanliness and tidiness of healthy life. It is -part of the prisoner's work to keep his cell and its furniture in order. - -One thing visitors cannot miss seeing, yet do not observe, though it is of -much more significance than the cleanliness they admire: the good temper -and tractability of the prisoners. That a prisoner should be clean is -wonderful; that people who have been committing breaches of the peace, -assaults, thefts, and have been generally a nuisance or a terror to the -public, should be moving about at work or at exercises quietly and -peaceably, should be so obedient and tractable that one warder can look -after twenty of them and seldom have anything to report to their -discredit, is far more wonderful. These people are sent to prison because -they cannot obey the law, but while in prison they are not rebellious; so -that it is reasonable to infer that there has been something in the -conditions of their life outside which has led them into misconduct, and -not that they are inherently incapable of behaving themselves. - -The modern prison is built on a simple plan. Roughly it may be described -as two blocks of cells joined by a gable at each end and roofed over; a -well being left between the blocks and lighted from the roof. All the -cells have windows in the outer, and doors in the inner, walls. Balconies -run round these inner walls, from which access is had to the cells in each -flat. The cells in which the prisoners are confined are apartments -measuring about 10 ft. by 7 ft. by 10 ft. high. The partitions and roofs -of the cells are of whitewashed brickwork, and the floor of stone and -asphalt. Each cell has a little window in the wall near the door glazed -with obscured glass, and on the outside of these windows a gas bracket is -placed. At night the cell is lit by this arrangement, which diminishes the -amount of light and fixes its source in a corner. It is designed to -prevent any person from attempting suicide by inhalation of gas; but in -institutions where attempts at suicide are more likely to take place other -means have been found to prevent the adoption of this method. It ensures -that one hundred thousand people are inconvenienced in order that one may -be prevented from ending his discomfort. There are other ways of breaking -a walnut than crushing it with a steam-hammer. - -A prison cell does not contain much furniture. The bed is a wooden shutter -hinged to the wall, so that it can be folded up during the day-time. When -not in use the bedding is rolled together and placed in a corner of the -apartment. Convicted male prisoners who are under sixty years of age are -not allowed a mattress during the first thirty days of their imprisonment; -they just lie on the board. I do not suppose that anybody imagines that a -man is more likely to lead a new life if he is made to sleep on a bare -board, than he would be if he were allowed a mattress. It is intended to -hurt, and it will hurt the more sensitive in a greater degree than those -of a coarser constitution. It is a part of the system, and will go with it -when people wake up to the fact that it is a senseless thing to set about -to irritate and annoy others. - -Of late years it has been discovered that prisoners were as little likely -to escape if their cells were well lit as they would be their cells being -ill lit. The windows have consequently been enlarged and nobody has been -the loser. The cell at the best is not a place to inspire cheerfulness, -but an effort has been made to make the place less bare. Some years ago a -six-inch circle of glass was attached to the wall in many cells. The glass -was of that variety that distorts everything seen through it when it is -used for windows, and when it is silvered and converted into a mirror the -effect is peculiar. - -The walls of some of the cells are decorated with a chromolithograph, such -as is given to customers as a calendar by many shopkeepers at the New Year -time. The mirror and the print, bad work and bad art though they may be, -relieve the bare, ugly walls of the cells, and indicate a consciousness -that the present system is not quite so perfect as it might be. Whether -any such mitigations (if it can always be called a mitigation to see your -face twisted out of shape and to gaze upon a sentimental chromo) are -worthy of the fuss made about them is another matter, for the main -question is not whether imprisonment should be mitigated, but--what is its -object? - -In Scotland the diet prescribed is a very simple one. In quantity it is -ample for the needs of the great majority of the prisoners. Indeed, a fair -proportion receive more than they are fit to consume. The medical officer -may reduce a diet to prevent waste; or he may increase a diet, if in his -view the prisoner requires more food. As I believe that nearly every man -knows his own needs a great deal better than the diet specialist, a -request from a prisoner for more food is never refused provided he is -consuming all he gets. A request for a change of food is quite another -thing; but a man who for gluttony would gorge himself with the diet -provided for prisoners would be a curiosity. - -The food is excellent in quality, but there is not much variety. There are -three meals daily. Porridge and sour milk with bread form the morning and -evening meals, and the dinner usually consists of broth and bread. This is -the ordinary routine diet, and one can understand that after a time it is -not unnatural there should be longings for a change. It is a simple diet -and is sufficient. The death-rate in prisons is small. The improvement in -the health of broken-down and habitually debauched persons during their -term of imprisonment is marked, and there can be no doubt that the regimen -saves many of them from death and prolongs their lives. - -In these days the benefits of sour milk have been preached by the -scientific man, and the culture of the lactic-acid bacillus has become a -recognised industry. In the Scottish prisons the inmates have had the -advantage of its beneficent operations for many years, though they did not -know its name and would have been glad to have seen sweet milk rather than -sour. The state of their health forms a strong argument for the advocates -of the simple life, yet most of them would choose greater variety in food, -though they should die a few years earlier. - -The clothing of prisoners, as regards cutting and material, resembles -nothing seen outside. The untried male is officially clothed in brown -corduroy, and when convicted he exchanges this for white mole-skin. The -surface of the cloth used to be decorated with broad-arrows, so that the -prisoner looked like a person in a prehistoric dress over which some -gigantic hen had walked after puddling in printer's ink; but this has -been discontinued. - -The cut of the clothing seems to be designed to save cloth, and so long as -the prisoner is kept warm he does not concern himself about the -unfashionable character of his clothes. As for the women's dress, being a -mere man I cannot describe it; but ladies who visit the prison seem to be -agreed that it is plain and neat. It is certainly strikingly different -from anything they wear. - -It is a rule that all convicted prisoners shall wear prison clothes. There -are not very many of them whose own clothing is clean enough for them to -wear, and not a few are more ragged than they need be. Whether they would -not be better employed in cleaning and mending their own clothes than in -doing many of the things they are required to do is a question that might -be considered. It certainly does not seem reasonable that because a person -has offended we should thrust upon him our hospitality to the extent of -causing him to use clothing provided by us, if he has clothing of his own -that he can decently wear. His own clothing has been placed aside while -under our care, and at the expiry of his sentence it may be handed back to -him as it was taken from him, excepting for the creases it has acquired in -the interval. It would cost more trouble to the officials to set prisoners -to improve their own appearance than to set them to break stones, and yet -it might not be a bad thing to do nothing for a man, not even to provide -him with clothing, if he can do it for himself.[2] - - [2] _The Rules for Prisons in Scotland_, 1854, ordain that the Matron - "should ascertain how far those prisoners who are committed for - considerable periods are deficient in a knowledge of domestic matters, - such as cooking, washing, and repairing clothes, and instruct them in - these things. She should encourage prisoners, in their spare time, to - put their own clothes into a good state of repair before they leave - the Prison, and in some cases to make new clothes for themselves. And, - lastly, she should learn what their prospects are on leaving prison; - and with the aid of the Governor and Chaplain, do what she can to - procure suitable situations for them." - - This rule is omitted from the edition of 1875, and subsequently; but - it is greatly in advance of anything that has been substituted for it. - -When prisoners' sentences exceed a certain term their own clothing is -washed, and at the end of their imprisonment it is restored to them clean. -This teaches them that if they do not keep their clothing clean it will be -cleaned for them. At any rate, it does not teach them to do the necessary -work themselves; but then it is much easier to do things for some people -than to teach them to do these things for themselves. - -The work provided for prisoners varies in kind in different districts, but -it has one common characteristic, which is that few could earn a living by -it outside. It has been said by those who ought to know better that the -prisons cannot undertake anything but the lowest kinds of unskilled -labour, because of the objections made by trade unions. These societies -are no more infallible in their wisdom than their critics, but they do not -adopt the foolish attitude attributed to them. Like employers of labour, -they have objected to unfair competition on the part of prisons, and quite -properly have taken steps to prevent underselling on the part of the -authorities. Prisons are not self-supporting institutions, and, in the -nature of things as they exist, cannot be made to defray the expenditure -incurred in their upkeep. Most prisoners could quite well earn the cost of -their food and clothing; but the cost of their supervision is greatly in -excess of the cost of their board. It does not take much to keep a -prisoner, but it takes a good deal to keep me and my colleagues, and that -is a necessary part of the expenditure incurred on behalf of the -institution. - -The prison accounts, as published, show a profit in some departments of -prison labour, but this is arrived at by the ingenuous way of leaving out -everything but the cost of material and (if the work is not for an outside -customer) so much an hour for every prisoner engaged at it. If a -manufacturer had only these items to consider there would be fewer -bankrupts and more wealthy men; and if the price of goods were determined -on an estimate of cost which only included these items plus a reasonable -profit, it is quite clear that prison labour could undersell free labour. -The trade unions and the private employers have simply insisted on -prison-made goods being sold at prices which will not cut the market rate. - -Prison labour is never so efficient as free labour, and though the -employment of prisoners to do prison work may be justified on other -grounds, it cannot be defended on an economic basis. It has often been -suggested that tradesmen who have been convicted should be allowed to work -at their trades while undergoing imprisonment; thereby they would be kept -in practice, and would be less unfitted to resume their ordinary -occupation on the expiry of their sentence; but a little consideration of -the facts will show that however desirable this might be it is not -practicable. In prison at any one time there may be a number of tradesmen, -but their occupations are very different; and in many cases they are of -such a character that even if work for them could be had it could not be -undertaken owing to the fact that expensive machinery would require to be -installed. - -Even where the work is of such a kind that it could be done in prison it -cannot be obtained for other reasons. In Glasgow prison, where there are -more women than men incarcerated, a laundry was started some years ago, -and customers were invited to send in their washing to be done at ordinary -outside rates. The washing is done by hand and no modern laundry machine -is employed. The result is that the articles cleaned are not subjected to -the same strain, and are likely to last longer. Before long difficulties -arose, and it became perfectly clear that these were not due to any action -on the part of outside laundries, with which the prison was competing, but -to inherent defects in the prison laundry. No business will be successful -for long unless it keeps faith with its customers, who require to have -their work done and delivered in proper condition within a fixed period. -Sometimes there are skilled laundresses among the prisoners, and at other -times there are not. Washing may be a very simple process, not requiring -much training (although a great many occupations are considered, by those -who do not undertake them, to be quite easy, but are difficult to those -who try them for the first time), but it requires some skill to starch and -iron clothing in a satisfactory way. Customers found this out for -themselves. Work of that kind, and it seems a simple kind, is difficult to -get, not because competing firms outside put obstacles in the way, but -because the customer has no guarantee that he will have it done regularly -to his satisfaction. - -The workshops vary in kind in different prisons, but they have the common -character of differing from any workshop outside a prison. The ability and -experience possessed by the managers of prisons are not the same kind as -those present in managers of workshops outside. The training has been -quite different. The outside man may be very proud of his working -arrangements, but if his balance-sheet is unsatisfactory his pride is -effectively checked. There is no such check to the satisfaction of those -who manage prisons. When one remembers that they are the sole authorised -critics of their own work, it is not surprising that its character should -differ from that produced by industrial concerns outside. As a general -rule prisoners are engaged at unskilled labour. Some of them are -associated at work, but always under the supervision of an officer, who -sees that they do not engage in conversation with each other. - -Public attention has been directed to the cruelty of solitary confinement, -and nothing that has been said or written on the subject could be too -strong in its condemnation. The term "Solitary Confinement" is generally -objected to and that of "Separate Confinement" substituted for it; but the -public need not concern itself with differences which are merely -technical. The practice of rigidly enforcing silence and attempting to -prevent any but the merest official interviews or associations between a -prisoner and others will do as much serious harm under whatever name it is -called. Experience has shown that the association of prisoners with each -other in the absence of strict supervision may result in general -corruption, but rational efforts to prevent this evil can be made without -the risk of inducing a greater. - -It is against the rules for prisoners to engage in conversation with one -another; and the officers are not in a position to talk much to them -except on business, even if they had the inclination to do so. - -Prisoners may not be the most suitable company for each other; but, in the -case of most of them, to shut one in to no company but himself can only -result in his mental deterioration, and there can be no doubt that some -have been driven towards insanity through this treatment. - -It is not an uncommon characteristic of old convicts that they show -delusions of suspicion and of persecution, and this is not to be wondered -at when one considers the narrowness of their life in prison, and the -undue importance that is apt to be placed on little things by a man who is -denied rational intercourse with others and whose natural curiosity is -repressed. - -The more monotonous his life, the more his mind is compelled to dwell on -the trivial incidents that are happening around him; the more he is shut -in to himself, the greater the tendency for him to become twisted -mentally. The fresher and more varied his interest is kept in things -outside of himself the better for him and for others. - -The tendency of late years has all been towards a less rigid application -of the rules which are designed to enforce silence, and there is now more -reasonable association of prisoners than ever there has been, and less -tendency when they are associated for their attention to be strained in an -effort to watch at the same time their work and the warder who is -supervising it. - -When they are under supervision by a sensible person there is very little -danger of their doing or saying things that would be harmful; and as at -night they are all in separate cells, the corruption that sometimes takes -place in institutions where the dormitory system is in use is not -possible. - -Amongst prisoners in Glasgow there has never in my experience been any -chance for the development of a brooding, suspicious, unhealthy habit. The -fact that so many untried prisoners are detained there, necessarily under -conditions more favourable than the convicted, has made the place one in -which the life is more varied and in which rules could be less readily -enforced than in some other establishments. There have been more -occurrences taking place under the prisoners' eyes, and they have had more -to interest them. - -A good deal of the work is done in association, and that which is done in -the cells is usually engaged in by prisoners who are detained for short -terms; but even in their case they are not left alone for long periods. -Visits to them are frequent for one purpose or another, and there is no -attempt made to harass or drive them. Still, at the best, the life is not -a healthy one from the mental standpoint. - -Work and good conduct are rewarded by marks. Prisoners whose sentence -exceeds fourteen days, and who are not on hard labour, may earn four marks -per day. For every six marks earned one penny is allowed as a gratuity to -the prisoner at the expiry of his sentence, and this may be paid to him on -his discharge, or he may receive it through one or other of the Aid -Societies after his liberation. Hard-labour prisoners may receive a -gratuity of one shilling a month if their conduct and work have been -satisfactory. - -The Governor sees each prisoner daily in order to hear any complaint that -may arise, either on the part of the prisoner or of the warder; but the -visit otherwise is a formal one, as visits of inspection usually are. If -the prisoner has a complaint or a request to make it is examined or -attended to. Should there be a complaint against the prisoner the parties -are heard and judgment is given. There are numerous acts which are -offences in prison, and the governor has power in minor cases to deal with -them and to award punishment at his discretion; but in no case involving a -change of diet or the infliction of any physical discomfort can the -punishment be carried out until the prisoner is certified by the Medical -Officer to be fit to stand it. - -The prisoner may offend in a great variety of ways, as through -carelessness breaking a dish; through idleness failing to perform his -task; through untidiness keeping his cell in an unsatisfactory condition; -he may be insolent and insubordinate towards the officers; or he may be -convicted of speaking to another prisoner or of making unauthorised -communications. The offences for the most part are trifling in character -and would not be offences outside the prison, but if the system is to be -maintained the offenders must be dealt with. - -In more serious cases the offender is tried by a member of the Visiting -Committee of the prison or by a Prison Commissioner. In some cases the -conclusion cannot be escaped that offences are due more to an -incompatibility of temperament between the prisoner and those over him -than to anything else. A prisoner may behave and work well when under the -supervision of one officer, and may do badly when under the care of -another. Some people can manage those under them better than others; but -not infrequently the prisoner is neither a malicious person nor the warder -a stupid person, and yet they cannot get on together. The obvious thing to -do is to separate them; the easy thing to do is to punish the prisoner. - -Sometimes assaults are made on warders by prisoners. In sixteen years' -experience I have seen very few, and the assailants were usually -half-witted creatures who had conceived a dislike, which did not seem to -be founded on any tangible reason, against the person assailed. In my -opinion these cases should never be tried in prison. Offences committed in -prison which would be cognisable by the criminal authorities if committed -outside should be tried in an open Court. I do not suggest that the -prisoner would be treated unjustly if tried in prison, but it cannot be -denied that the atmosphere is not favourable to his receiving the -impression that he is getting what he would call "a fair show"; and the -trial of a man before a Court consisting of those interested in the -management of prisons, on the complaint of a prison official, and without -the presence of any members of the general public, is not calculated to -inspire confidence. - -Prisoners are at liberty to make any complaint to the Prison Commissioners -in writing, and the governor is obliged to forward it; or they may -communicate direct with the Secretary for Scotland without the writing -being seen by the prison officials. Such complaints may be referred to -those complained against for answer, and if the result is not satisfactory -a special enquiry may take place. - -Each prison has its punishment cells--places for the incarceration of -unruly prisoners. Under rational management there is no use for them -except temporarily, and then only to prevent the prisoner from injuring -himself or others, or from annoying other prisoners by noise, in a fit of -temper suggestive of insanity. - -It is one of the Chaplain's duties to visit the prisoners, and although it -is intended that he should minister to them spiritual consolation, that -term may mean anything in practice. A man, whether a clergyman or not, who -puts himself in a position of censor of morals to his fellows, is not -regarded by them with any degree of affection or respect, unless he does -not stop there. Few people like to be talked down to, whether they are in -prison or out of it. A superior attitude adopted towards some is more -likely to draw out their evil qualities, and to excite them to bad temper -and wrath, than to help them. I do not think Prison Chaplains in Scotland, -whether belonging to one denomination or another, are given to the -practice of assuming that with those whom they address necessarily lies -all the blame for their position. There is more a disposition to pity than -to blame, although an attitude of pity is sometimes a greater insult than -one of censure and may irritate as deeply. - -There has been a growing disposition to say kind things to and of -prisoners. We may believe that more can be done by the kind look than by -the harsh word, and lose sight of the fact that pity and sympathy are two -quite different things. The fact of the matter is that nobody is able to -assess justly the amount of blame to be attached to a man for his -misdeeds, and the amount to be placed to the discredit of society; but in -few cases is anyone helped by being encouraged to believe that he is free -from blame, that he could not do any better than he has done. - -Prisoners are not different from others in their tendency to put the best -construction on their own behaviour. An astonishing number are in jail -because they had bad neighbours. According to their statements, they could -get along all right if it were not for the people next door. It may be -quite true to some extent, but they are not to be helped in mending their -own conduct by attention to the faults of their neighbours. I do not -suggest that this attitude on their part, this disposition to prove how -comparatively stainless they are and how objectionable are those with whom -they have been brought in contact, is due to the ministrations of the -clergy, but merely that it affects their estimate of the ministers of -religion. - -The attitude of the prisoner towards the minister is one thing; his -attitude towards the doctor, for instance, is quite another. The Chaplain -desires to be regarded as a friend of the prisoner, and that by many he is -so regarded there can be no doubt; but unfortunately, with some of them, -they seem to measure friendship by their ability to humbug the friend, and -the value of the clergyman by what they can put into him which may tell in -their favour when he estimates their character, and by what they can get -out of him in the way of material help. The Chaplain is sometimes -swindled, but so are we all; his office and his message make him a mark -for the shafts of the wicked. He sees one side of the prisoner better than -any other official, and if he has counterfeit penitents he has also real -ones. His visits may be a source of encouragement and strength to the -prisoner; but whatever spiritual effect his teaching may have--whether it -be great or little--if he has a human interest in those he visits, in so -far as his character commands respect his ministrations tend to prevent -the prisoner from sinking under the monotony of the discipline to which he -is subjected. - -Representatives of various religious agencies visit prisoners. They are -remarkable for their earnestness and zeal, but there is often a fatal -difference of standpoint between visitor and visited. A girl brought up in -a slum, seeing and hearing sights and sounds which are an outrage on -decency; working for long hours to earn a scanty living; housed rather -worse than many horses and dogs; ill-taught and ill-cared for; has -transgressed the law and been sent to prison. She knows she is to blame -for doing the thing she has done in the way she has done it, but she and -those like her regard her imprisonment as in some degree an accident. It -is difficult to describe the standpoint. In a busy street where there is -a constant stream of horses and mechanical traffic going in different -directions and at different rates of speed, there is always danger to the -passenger who seeks to cross; and occasionally someone is run down and -hurt. The injured party is always to blame to some extent, and is hurt -because he has failed to estimate the danger accurately and to avoid it -successfully; but others may be to blame also. The fault is never wholly -on one side. To the girl the law resembles the traffic in the street; and -when she is knocked down she and her friends regard her as the victim of -misfortune. - -That is not the standpoint of the visitor. She may have known nothing of -the trials and temptations of the poor, save what she has seen from the -outside. Hunger has never been her attendant; poverty has been unknown to -her. She has received attention and care in her early days; has not been -tasked beyond her strength; has been able to choose her own work and do it -in her own time; has been well housed and well fed; and has found it easy -to obey the law. Between the two a great gulf is fixed. Their outlook is -as different as their experience. - -It is a great mistake to assume that the rich know more of the poor than -the poor know of the rich. The street-corner spouter may denounce the -luxury of the wealthy and expose himself to their ridicule. They know that -they are not as he paints them, and they laugh or sneer at his ignorance; -but they are as little qualified to judge him as he is to judge them. Each -sees the other's vices; and every visitor is as much a subject of -criticism by the prisoner as a critic. - -It is as unreasonable to expect that a woman in prison will give her -confidence to a stranger who visits her, as it would be for the prisoner -to expect that the visitor would submit to her questions. One thing is -absolutely certain, and that is that visitors do not do the good they -imagine they are doing when they pass from one cell to another exhorting -the prisoners to better behaviour. They stir up the emotions of those to -whom they minister, and some of the women find great consolation and -relief in a good cry. There are those, however, who have learned to -distrust the possibility of wholesale reform of prisoners, and who single -out some one whom it seems possible to help and hang on to her, visit and -encourage her on her liberation, and have their reward in the -consciousness that they have really rendered effective assistance where it -was needed. - -The ideal held up by the visitors in their advice to prisoners too often -seems impossible of attainment by those to whom it is presented. There are -some who have no ambition to live within the law, but there are many who -would rather do so if they could. Most of us have not in us the capacity -to become great saints; and to ask the ordinary person to conform to a -standard which would present difficulties to us, does not seem reasonable. -Something is gained if, though you fail to persuade a person to be good, -you can induce him to be better than he has been. Just as many have -drifted into evil courses step by step, they may be led into a better way -of living by degrees. Sudden conversions are not uncommon, but they are -not the rule. The visits to prisoners on the part of people from outside -are of great benefit; anything is that breaks the monotony of the day; and -if the visitors are receptive they may learn a good deal from the -prisoners, and may be made the better for their visit even though they -fail to make the impression they desire on those to whom they have -spoken. - -There are three forms of religion recognised in prison: the Presbyterian, -Roman Catholic, and Episcopalian. A service is held once a week by a -clergyman of each of these Churches, and the Presbyterians go out to -prayers daily. - -The chapel has a more or less ecclesiastical appearance, and is divided in -such a way that the male and the female prisoners do not see each other, -though the preacher can see both divisions. Most of the prisoners do not -attend religious services when they are at liberty, but some make an -ingenious distinction between religion and conduct. I remember one old -woman who had grown grey and almost blind after a long course of vicious -and criminal conduct. She was eloquent regarding a person whom she -described as being "nae better than an infidel." I replied that "at least -he had kept out of prison," and she replied, "Aye; but though I have been -a drunkard, a blackguard, and a thief, thank God I never neglected my -religion." - -I do not know whether the Salvation Army representatives are more -effective as religious agents than the other visitors. Their work is -certainly better advertised, and they belong usually to the same social -rank as many of the prisoners. The religion they teach, if more -emotionally expressed, is not different from that taught by the other -visitors; but they can appeal to the prisoner more effectively because -they are better able than many others to appreciate and sympathise with -the difficulties and temptations under which the wrongdoer has fallen. - -Many of those in prison are not there because of idleness. They have -worked harder in their day than the people who talk eloquently about the -dignity of labour. Neither are they there because, like the heathen, they -have never heard the message of the gospel. As a matter of fact, most of -them can never get away from the voice of the preacher for any long time, -for the evangelists are abroad nightly singing hymns and exhorting the -public in all the poorer working-class districts. They have worked hard -enough to earn money and are in prison because they have not known how to -spend it wisely. In prison they are not taught useful work, and as little -are they taught how to recreate themselves after work. Their day may be -divided into four parts: There is a time for eating; there is a time for -working; and what they do and what food they have has already been shown. -There is a time for sleeping: they go to bed early in the evening and rise -early in the morning. "Early to bed and early to rise, makes a man----" -well, it doesn't. At any rate, the inmates of the prison have not -attracted attention hitherto on account of their wealth or their wisdom. -Then there is a time left for meditation. - -Every prisoner has his Bible and his Prayer Book. I am far from suggesting -that this is a provision that should not be made, but by this time it will -be generally admitted that mere Bible reading, or praying, when a prisoner -is in a measure compelled to it, are not likely to have the most -beneficial effect. It is a useful thing occasionally to be able to quote -scripture, and some of those who have spent a considerable portion of -their lives in prison have stored their memory with a large and varied -assortment of texts, which they are prepared to use when they think a -profit is to be made thereby. A profession of reformation seems to have a -more powerful effect when buttressed with texts of scripture, and an -appeal for help on the part of the penitent is more likely to succeed when -heard by the godly, many of whom are exceedingly kind to those who show a -disposition to conform to their theological standards. - -Persons whose sentences exceed fourteen days may have books from the -prison library with which to beguile their time. The books provided -resemble the clothing, in respect that it is greatly a matter of chance as -to whether they suit the person who gets them. I have seen an illiterate -lad from the slums hopelessly wrestling with an elementary manual on -Electricity and Magnetism. I suppose this would be regarded as an -educational work. The library is carefully selected with the intention of -excluding all pernicious literature--certainly the sensational is passed -by--but we all differ in our ideas as to the value of books; I myself -would describe some popular works as pernicious literature; and many of -the papers that one set of people appreciate and are able to read without -apparent injury are of no use to others. The complaint which has been made -that prison libraries contain a great deal of poor stuff, and do not -contain a sufficient representation of the classic writers, leaves out of -account the fact that these classic writers are more talked about than -read. The popular novelist of to-day has a larger audience in his own -generation than ever Shakespeare had. The one writer is read during his -lifetime, the other finds his audience all through the ages. In a prison, -as in all institutions, the attempt is made to work to an average. When -the educated person appears in prison let us refrain from insulting his -intelligence by giving him books to read which he despises; but he must -remember that others are not as he is, and that they may even derive -stimulus and benefit from those works which can only annoy him. - -The untried prisoner may have newspapers and magazines sent in to him as -well as books, unless, indeed, the Visiting Committee refuse to permit -this. He can choose suitable literature for himself provided his friends -are willing to send it to him, but immediately he is convicted he has no -choice in the matter. The State is his librarian; and it seems a little -absurd that the taxpayer should be charged for providing him with things -which he does not want, and which can do him no good, if he or his friends -could, at their own expense, procure him books he would enjoy. - -Of late years lectures have been given to prisoners, and occasionally -concerts have been provided for them. The lectures have been on all kinds -of subjects. Some of them have dealt with travel and have been illustrated -by limelight views; others have dealt with sanitation, physiology, and the -treatment of common ailments; others have taken the form of cookery -demonstrations; and the prison audience is invariably more appreciative -than most audiences outside. They enjoy anything that breaks the dulness -of their routine life. No sensible person expects that the lectures will -make them travellers, or physiologists, or cooks, though an interest in -these subjects may be kindled by the lecturer. Few people are ever -lectured into a change of life, but anything that prevents them from -sinking into apathy, from brooding on the petty incidents that go to make -up their lives in prison, from beating against the bars of their cage, is -beneficial. - -There are those who protest against making the prison too comfortable and -who seem to believe that people want to go there. There need be no fear of -this. A cage is a cage even though it be gilded, and they are few indeed -who seek imprisonment. Occasionally you have some saying they prefer the -prison to the poorhouse. I have worked in both places and wholly agree -with their preference, but that is not a testimony to the desirability of -life in prison, but a reproach to the poorhouse. Those who support efforts -to lessen the monotony of prison life are not moved by any desire that the -prisoners may have a good time. For my own part, I am not concerned to -make their lot less mechanical merely for their sakes, but for the sake of -the community of which they are a part. I believe that imprisonment has -been shown to have a bad effect on those who suffer it, and as some day -they are to be turned loose on the community, it is advisable to prevent -them being liberated in a condition that would make them more dangerous to -their fellow-citizens, or more troublesome, than they were before their -arrest. - -Outside the block of cells is an airing-yard, which consists of a space -round which two narrow paved walks run. On these the prisoners take their -exercise, each walking for an hour daily for the benefit of his health; -separated by a space from the prisoner in front and the prisoner behind -him, and watched by a warder lest any conversation or sign of recognition -takes place between him and his fellows. The elderly or physically -defective prisoners walk round the inner ring, where the pace is slower. - -Some of the female prisoners undergo a course of instruction in Swedish -drill. Their opinion is expressed in the name by which the exercise is -known. It is called the "Daft hour," and they enjoy it. As to its -usefulness from an industrial standpoint the less said the better. It does -no harm and it is a pleasant break in the day. In short, the prisoners are -better employed in going through the drill than in doing something worse. - - - - -CHAPTER IV - -VARIATIONS IN ROUTINE - - The sick--Prison hospitals--The removal of the sick to outside - hospitals--The wisdom of this course--The essential difference between - a prison and other public institutions--The treatment of refractory - prisoners--The folly of assuming that rules are more sacred than - persons--The position of the medical officer in relation to the - prisoner--The danger of divided responsibility--The untried - prisoner--His privileges--Civil prisoners--Imprisonment for contempt - of court--The convict--Short and long sentences. - - -The system makes no provision for individual differences between prisoners -and takes no account of the past training which has made them what they -are, but it recognises physical differences. It is the duty of the Medical -Officer to see that no one is overtaxed or underfed or insufficiently -clothed, and to attend to any sickness that occurs. If a prisoner is -insane he is removed to a lunatic asylum. If he is ill he is put under -treatment. - -In the majority of cases the prison hospitals are simply larger and -better-lit cells. They are free from anything but the roughest imitation -of modern hospital appliances; but as there is no occasion for the -treatment in them of prisoners suffering from acute serious illness, they -are sufficient for the needs they are required to meet. What is required -for the treatment of such as are sick is not so much stone and lime as -flesh and blood. Not new hospitals, but trained nurses. - -When a prisoner is reported sick or asks to see the doctor, he is -automatically freed from the ordinary rules. If the medical man decides -that there is nothing in his condition to warrant his being put on the -sick list he falls back under prison discipline. If, however, he requires -medical treatment, the Medical Officer may prescribe any regimen which he -considers applicable to the case, and the Governor has the instructions -carried out. It may broadly be stated that cases requiring the constant -attendance of a skilled nurse and those demanding serious operative -treatment do not need to be treated in Scottish prisons. Section 72 of the -Prisons (Scotland) Act, 1877, enables the Governor, in certain cases, to -petition the Sheriff for a warrant to remove sick prisoners to hospitals -outside. He must present two medical certificates to the effect that the -prisoner (1) is suffering from a disease which threatens immediate danger -to life and cannot be treated in prison, or (2) a disease which makes his -removal necessary for the health of the other inmates of the prison, or -(3) that continued confinement would endanger his life. This is one of the -wisest provisions in the Act. Cases might occur in which the treatment -required would be of such a character as to make it inadvisable to have it -carried out in prison. - -Assuming that there is no difference in the experience and skill of the -prison doctors and their staff from that of the corresponding officials in -the general hospital, the conditions in prison are essentially different. -In a general hospital there are all sorts of people as patients, and their -friends have access to them; it is a public place compared with the -prison. The staff is subjected to continual criticism; not always -enlightened, and sometimes unfair, but it exercises a healthy effect on -their actions. There is no greater danger to the public than the -uncontrolled specialist; and it is a bad thing for him if he is led into -any belief either in the infallibility of his judgment, or in its -necessary applicability to the case with which he deals. He can perform no -operation without the consent of the patient or his friends, even though -he believe that operation is necessary to the saving of life. There are -cases in which this permission is refused in spite of all the persuasions -of the medical man; and in some of these cases, contrary to expectation, -the patient gets well. In others death takes place where life might have -been saved had consent to the necessary treatment been obtained; yet it -would be an intolerable condition of affairs if the medical man were to -have his patients placed at the discretion of his judgment; and no one -would propose that the inmates of a hospital should be compelled to submit -to any treatment that the doctors in their wisdom might see fit to -prescribe. - -In a neighbouring country lately the question of compulsory treatment was -raised. All the information I have with regard to it has been obtained -from the statements, official and otherwise, which have been published. -These statements may have been imperfect, but only from them can the -public form an opinion, The statements contradict each other, and as they -refer to incidents which took place in a prison--a place to which ordinary -members of the public have no access--they are bound to leave an uneasy -feeling in the mind of the impartial observer. - -Certain women, impelled by the desire to advance a political measure, -engaged in conduct which brought them into conflict with the authorities. -It was claimed on their behalf that they had committed a political -offence, and in that respect differed from other criminals; but all -offences are political offences. Whether a woman strikes a man because she -is angry with him, or because she is angry with a Cabinet Minister whom -she does not know, she commits an assault which is a crime in the eyes of -the law. Her motive may differ in the one case from the other, but its -issue has no difference; and in both cases, in so far as the State takes -notice of it, it is a political offence. Distinctions between offences can -only end in confusion; distinctions between offenders have never been -sufficiently recognised; and no real progress can ever be made in the -treatment of the criminal until the differences between one person and -another are taken into account. There can be no question that in -character, in training, and in their previous history, these women -differed widely from the ordinary prisoner, and all the trouble which -resulted was due to the failure of those in authority to act upon their -knowledge of this fact. That the conduct for which many of the women were -sent to prison was unreasonable, few will deny; but it was no more -unreasonable than the treatment they received. If they behaved like mad -people, so did the officials. - -The only way in which one person can show greater wisdom than another is -by conduct. If the women were hysterical, the officials did not exactly -shine as examples of calmness. The highly strung person who glories in -what she believes to be martyrdom, who sees everything in the light of her -own ideals, is not likely to be brought to another frame of mind by -receiving the treatment which she regards as persecution. These women had -made it necessary that they should be restrained from annoying others by -their conduct; but it mattered nothing to the public that they should be -restrained in a certain way; what did matter was that the nuisance should -be effectively stopped. That the method of dealing with them increased the -trouble is beyond question; and there is no justification for interference -with anybody except in so far as the method adopted has the result -desired. - -It is folly, if not worse, to enter upon any course that cannot be carried -on indefinitely. If your treatment fails to achieve the end aimed at, that -is bad; if it results in the person with whom you are dealing beating you, -that is worse. The law attempted to frighten the women, and the women, by -their continued resistance, frightened the administrators of the law. -Which presented the most sorry spectacle it is hard to say. - -The trouble seems to have begun through the refusal on the part of the -authorities to allow the women to wear their own clothing. What harm it -would have done to anybody to grant this permission it is difficult to -see. If they had fed themselves and clothed themselves it would have saved -expense to the public. They believed that the clothing was intended to -degrade them; and they might have asked, if that was not the intention, -why was the proceeding insisted on? Of course, to permit them to save the -State the expense of keeping them while they were in custody would have -upset the system; but the system is far from being considered by those who -are responsible for its administration to be anything approaching -perfection, for it is a fashionable thing amongst them to ask for its -improvement, and to justify changes, when they make them, on the ground -that they were required. Opposition grew with repression; unreason -provoked unreason, and the public heard with considerable uneasiness that -a hunger strike was taking place, and that the strikers were being -artificially fed. - -In certain physical diseases resort to artificial feeding may be -necessary, but prisoners suffering from these diseases are not fit for -prison discipline and should be treated in a hospital outside. Among the -insane are those who obstinately refuse to take food, and therefore -require to be fed; but an insane person differs from a prisoner in this -important respect, that in the eyes of the law he is free from -responsibility and has no will of his own. His friends are permitted -access to him. They may, and sometimes do, interfere with the discretion -of the medical attendant, and in any case his actions are within their -supervision and criticism. - -Medical men assume that self-preservation is a primal instinct, and that -the person who deliberately sets out to maim himself or to destroy his -life is insane, even although intellectually he may appear to be quite -sound. If a man become possessed by religious zeal and set out to convert -his neighbours to his views, he may incidentally be a considerable -nuisance to them. He may stand at street corners and annoy the surrounding -inhabitants by his exhortation; but, in Glasgow at any rate, they put up -with this on account of the good intention they ascribe to him. If, -however, he gives up his business, and prevents other people from -attending to theirs by calling on them and arguing with them, people begin -to suspect his sanity; and the man who would throw a brick into another's -office at the risk of hurting some of the people employed there, in order -to convince their principal that if he did not accept the religion the -missionary preached he would go to hell, would probably be dealt with as a -lunatic. The conduct of some of the women was quite as eccentric, but -people may do insane-like things without being insane. That, however, is -no reason for disregarding their eccentricities, which should be taken -into account when dealing with them. If the women required to be fed -artificially, it by no means follows that it was a proper thing to do so -in prison. It certainly was indiscreet, and it is difficult to see how, if -it was justifiable to resort to this measure in order to save the life of -a prisoner, it could be argued that a medical officer would not be equally -justified in cutting off the injured or diseased arm of a prisoner, in -spite of his protestations, in order to save his life. It is one thing to -place the liberties of men, and another thing altogether to place their -lives in the hands of officials. - -There is no official and no number of officials--by whatever name -called--good enough to be entrusted, unchecked by public observation, with -the lives of their fellow-citizens; and there is no criminal bad enough to -be immured from the public gaze and placed wholly under the control of -anyone. It is not that the officials are bad; they are no worse than -unofficial persons and no better, and there is far more danger from those -who have gained a reputation for humanity and for enlightened opinions, -even when they have deserved the reputation, than from the others, because -the former are likely to be left more to themselves on account of their -good name. Few who read this could be trusted to do as good a day's work -at the end of the year as they did at the beginning, if there were not -someone to check and criticise them. - -Here and there, now and then, there are violent outcry and excitement -because of some administrative scandal, and there is seldom much in it; -but there is no continued and intelligent interest in administration on -the part of the public. If a man do not fulfil his contract his employer -may accept an excuse once or even twice; but if his failure continue he -will find himself out of a job, and someone less incompetent or -unfortunate will be sought and put in his place. In the public service -excuses and exceptions are so much the rule that it would be easy to form -a library of blue books containing them, printed and paid for at the -public expense. - -Only ordinary cases of domestic sickness need be treated in prison, and -such ailments or injuries as are dealt with in the outdoor department of a -general hospital. In Scotland there is little inducement to prisoners to -feign sickness, as there is no automatic change in their diet or location -as a result of their being placed on the sick list. The doctor may or may -not remove them from their cells and alter their diet. So far as the Act -of Parliament is concerned the treatment of the sick lies wholly in his -discretion, and there is no power granted to any authority to interfere -with or overturn his decision. He may be questioned as to the reason for -his conduct; and if foolish enough or weak enough to be persuaded into -altering it, in order to please some higher official, he may do so; but -the Act of Parliament is absolutely specific in the matter, and refers the -sick not to the Commissioners, but to the surgeon of the prison. - -It is much easier for a man to carry out an instruction received from -above, than to assert and act on the powers conferred on him by statute; -but it is not right to do so, and in so far as he is subservient he is -unfaithful to his trust. Patients cannot be treated by correspondence. No -man, however highly placed, is infallible. Better that the man on the -spot should accept his responsibilities frankly, even though he do make -mistakes, than that he should look to someone who is not present to direct -him in a case of difficulty. No medical man need want for help from his -neighbours, and he can easily get someone of approved skill to assist him -in the diagnosis or treatment of a difficult case. It is quite proper that -his actions should be scrutinised, but it is quite wrong that the scrutiny -should take place in private. The statute has recognised this principle, -and has ordered that a public enquiry should take place on the occasion of -the death of any prisoner in prison. The relatives of the prisoner are -there entitled to put any questions to the officials, personally or -through an agent; and the Sheriff has to be satisfied that all reasonable -care and skill have been exercised in the case. - -Private official enquiries give opportunity for petty persecution on the -part of any Jack-in-office who fancies his abilities are equal to his -position, and whose spleen may be raised against better men than himself. -No man eminent in his profession would be likely to be guilty of such -conduct, but the occupation of some positions does not necessarily imply -professional eminence, though it may infer social influence. - -The Medical Officer has not an arduous task in treating the sick. His work -practically consists of patching up old offenders, in the knowledge that -he is prolonging their lives and their uselessness, to the injury of the -public. Many of them would have been dead long ago as the result of their -excesses had they not been interfered with. It is well that their lives -should be prolonged and their health improved, but only if some security -is taken that they use their powers to better purpose in the future than -they have done in the past. There is no sense in the State doing anything -for anybody without a reasonable guarantee that the person benefited will -not use the benefit to the injury of the community. Many are cured of -diseases in various public institutions, and turned loose to live on -others for the rest of their lives. There is an increasing number of young -people who, having suffered from some serious illness, have been saved -from death, but have been left permanently crippled to some extent in one -or other of their organs. They are not fit for the work they once engaged -in, but they are fit for some work, and so far as can be seen, they have -no intention of performing any. A number of them drift to the prison and -on the strength of their infirmity try to get special treatment. The -special treatment they require cannot be had there, nor is there any place -at present where it can be had. - -The untried prisoner is permitted to wear his own clothing, provided it is -clean and that he can have it changed with sufficient frequency. He may -hire furniture and pay for the cleaning of his cell. He may have visits -from those of his friends he desires to see; and he may correspond with -them, provided that in the conversation and correspondence there is -nothing said or written regarding the charge against him. All letters to -and from him are read and censored on behalf of the Governor. Prisoners -are not allowed to see and converse with their friends without the -presence of a prison official. The prisoner is put in a box with a -latticed front, and his visitor is placed in another box opposite. Between -the two boxes there is space for a warder to move. He can see the -occupants of both boxes, each of whom can only see the person in the box -opposite. When a number of prisoners are having visitors at the same time, -there is a shouting and gabbling that makes conversation difficult. -Convicted prisoners and convicts of the first class may receive a letter -and a visit from a friend once in three months, provided their conduct and -industry have been satisfactory. Before their entry into the first class -convicts may receive one, two, or three letters and visits in the year, -according to the class they have reached. After being a year in the first -class they may be placed in a special class, receiving a letter and a -visit once in two months. - -The prisoner sees his agent in view of but outwith the hearing of the -warder. He may have his food sent in to him by his friends, provided it is -sufficient in quality and amount, but he may not have part of a meal sent -in. He may also receive newspapers, magazines, or books. Any or all of -these privileges may be granted or withdrawn at the discretion of the -Visiting Committee. It is questionable whether it is right that they -should be granted as privileges. The man is, in the eyes of the law, -presumed to be innocent of the offence charged against him; and his -detention is only justifiable on the ground that he might fail to appear -at court for trial. That being so, he ought not to require permission from -any committee or official before he is allowed to feed, clothe, and amuse -himself; and he should only be prevented from doing so if his act is -detrimental to his own health or that of the other inmates of the prison. -This might cause more trouble to the officials concerned, but the primary -object of the system ought not to be the saving them trouble. - -The untried prisoner may have a pint of wine or a pint of beer daily, but -on no account is he permitted to smoke. This is a curious restriction -nowadays, and there is not the faintest show of reason for its exercise. -The proper attitude towards the untried prisoner is not that implied in -the question "Why should he be allowed to do this?" The question ought -always to be "Why should he not be allowed to do what he wishes?" and this -would be the question if the theory that presumes an untried prisoner's -innocence were put in practice. He is detained for the convenience of the -public, not for his own, and his liberty should be curtailed as little as -possible consistent with good order. - -There are very few civil prisoners in Scotland. Failure to pay aliment may -entail on a prisoner imprisonment, at the instance and expense of his -creditor, for a period of six weeks. At the end of that time the prisoner -is free from similar proceedings for six months, but the costs are added -to his original debt. He has some of the privileges of an untried -prisoner. Failure to pay taxes may cause a man to be imprisoned under -similar conditions. Persons sent to prison for failing to have their -children vaccinated are treated by the same rule, and persons condemned to -indefinite imprisonment for contempt of court. - -In Scotland we claim that we do not imprison for debt other than aliment, -rates, or taxes; but the rule is evaded by process of law, and the Prison -Commissioners are used as debt collectors in some cases. Technically this -is not so, but in practice it occurs. X 31, a woman, has obtained -jewellery on the hire-purchase system. She is the wife of a labouring man, -and there is room for the suspicion that she has been tempted by the -seller. A number of payments are made, then the husband loses his -employment, and she is not only cut off from the means of paying her -instalments, but has not money to get food. She pawns or otherwise -disposes of the jewellery, and is called upon either to pay for it or -return it. Her intention may be to pay, but she is not able. She is -summoned to appear at Court, and fails to do so. In her absence a decree -is granted ordaining her to deliver the jewellery to the person from whom -she obtained it, in terms of the contract made between them. Failing to do -this, she is seized and carried off to prison, on a warrant obtained for -Contempt of Court, inasmuch as she had not obeyed its decree. All her -friends become alarmed, and by their united efforts the money to satisfy -the creditor may be obtained. If this is not done she may be kept in -prison for an indefinite period at his expense. Had she contracted a debt -with the grocer for food, or with a dressmaker for clothing, they could -not have imprisoned her if she did not pay them, even though they desired -to do so. They are thus at a serious disadvantage, so far as the exercise -of pressure is concerned, compared with the hire-purchase trader; but the -ingenious among them who regret the abolition of imprisonment for debt may -revive it in effect by selling groceries and clothes on a hire-purchase -contract. - -The routine treatment to which the convict is subjected is much more -severe than that which is applied to the ordinary prisoner, and it does as -little good.[3] It is a system of repression mainly; a sitting on the -safety-valve that is apt to provoke outbursts of temper and violence -resulting in assault. These may be punished with the lash. A power which -is not possessed by the Judges of the High Court is granted to the Prison -Commissioners. It is considered necessary in order to maintain the system, -but as no one claims that the system is in any degree reformatory, it -becomes a question whether it is worth maintaining. - - [3] The diet for convicts is more generous than that for ordinary - prisoners, however. Male convicts whose conduct and industry have been - satisfactory may be liberated on license when three-fourths of their - sentence has been served. Female convicts in like circumstances may be - liberated on license after serving two-thirds of their sentence. - -The same man who is at one time a convicted prisoner in an ordinary prison -may at another time be undergoing penal servitude. While he is in an -ordinary prison there is neither power nor occasion to order him the -severe punishments which may be inflicted on convicts. If he need the lash -when he is sent to penal servitude, there is at least the presumption that -the cause lies as much in the character of the life he is compelled to -lead as in the character of the man. The more punishment inflicted on -prisoners in a prison the stronger the probability is that the place is -badly managed. Repression is necessary, no doubt, but repressive powers -should only co-exist with power to reward. Even a donkey will go further -after a carrot than when driven by a stick. It never does any good to a -man to treat him as a machine, and the tendency to do so under the name of -discipline is a root vice of the system. In the convict prison, as in the -ordinary prison, during the last few years the grinding mechanical routine -has been relaxed, and the amazing discovery has been made that it is -easier and better to manage men if you recognise that they are men than to -regard them as mere numbers. There has even been talk of reformation -resulting from the changes that have taken place, and to judge by some -magazine and newspaper articles from the pens of enthusiastic and ignorant -visitors, one would think the prison had become a kind of paradise. - -That other men's behaviour towards us will largely be determined on our -behaviour towards them is no new discovery, and that more considerate -treatment by officials should result in better conduct on the part of -prisoners need surprise no one; but that this better conduct necessarily -implies that they will live in conformity with the laws when liberated -does not follow at all. You may improve a man's conduct in prison as you -may improve his mental condition in a lunatic asylum, but you never know -how he will behave outside until you put him there; and if we acted on the -knowledge of this fact we should see that persons liberated from any -institution are placed in proper positions outside--that they should be -guided and helped in so far as they need guidance and help--so that there -would be less excuse for their recurring to their old habits and conduct, -and less chance of their relapse into the condition and actions for which -we have dealt with them. - -Of late years short sentences have been generally denounced on the ground -that there is no time to reform a prisoner who is only under the influence -of the system for a few days. This would be a reasonable objection if -those who are sent to prison for long periods were thereby made better, -but that is precisely what cannot be shown; for the longer a person is in -prison the less fit he is on liberation to take his place in the -community. So that if short sentences are bad, long sentences are worse, -from the standpoint of the reformer. A person sent to prison for a few -days is usually the cleaner for his experience. Imprisonment has kept him -off the streets for a time. It has also caused him to lose his job, and, -as usually the short-time prisoner is not a person of means, his position -is worse after his imprisonment than it was before. He has to earn his -living by his work, if he would avoid coming into conflict with the law; -and if he has no means of livelihood it is easy to see that he will find -it difficult to avoid recommittal. - -In this respect the long-sentence prisoner resembles him, but in addition -he has acquired habits in prison that are a hindrance to him outside. - - - - -CHAPTER V - -THE PRISONER ON LIBERATION - - His condition--His need--Alleged persecution of ex-prisoners-- - Discharged prisoners' aid societies--Work--Temptations--The discharged - female offender--The attitude of women towards her--"Homes"--The - women's objections to them--Pay--The religious atmosphere and the - harmful associations--The effect of imprisonment. - - -While in prison a man has been cut off from the life of the world. He has -had no visits from his friends save once in three months, and as there is -no newspaper which he is permitted to see, he is ignorant of any changes -that may have occurred during the time of his incarceration. Those who -have at any time been confined to the house by sickness may dimly -appreciate his condition. Although they may have been visited by their -friends; kept in touch with social movements in which they were -interested; and generally helped to a knowledge of passing events of -interest; they must have found something strange in the aspect of things -when they were first allowed out. - -Even after a holiday it takes a man some little time to get the hang of -his work. In the case of the liberated prisoner the difficulty is greatly -aggravated. He may find that during his seclusion friends have died or -have left the district, and if a first offender who feels the degradation -he has brought on himself, he is likely to be sensitive as to the bearing -of others towards him. He needs help; he dreads rebuff; and he does not -know where to seek assistance. He may readily misinterpret the attitude of -others towards him and imagine that men whom he has known are giving him -the cold shoulder, when, in fact, they have not seen him. He has been shut -off from the company of others, and he feels the need of fellowship with -someone. He can always have that from those who, like himself, have been -through the mill; and he may be led by them into further mischief. - -Our interference with the offender results in his removal, for a time, -from the associations and habits to which he has been accustomed; to that -extent the power over him of these associations and habits may be -weakened; but no matter where we put him, we cannot hinder him from -learning new habits, and these may or may not be useful to him on his -liberation. The more powerful the influence of his later interests the -less likely he is to seek to return to his old pursuits. The thing which -no man can do without is fellowship or comradeship of some sort. He will -seek it even although in the process he may be injured thereby; and it is -because drink makes the company of some men more tolerable to each other -that so many take it. It is not so much that they wish to get drunk; they -could do that alone; and at first, at any rate, the drink is not taken -merely to intoxicate, but largely to stimulate sociability. The person who -has been pent up in an institution for a prolonged period has not learned -habits of a sociable character, but quite the contrary; and when he gets -out he knows that he will more easily become a part of good company if he -takes drink, for thereby he will be set free from the feeling of restraint -to which he has been subjected. - -There has been a great deal of talk about police persecution of liberated -prisoners. In some cases the official zeal of a policeman may cause him to -act towards an ex-prisoner with a harshness he does not intend, but in -most cases the persecution only exists in the imagination of its subject. -Few of us see all things as they are. We are influenced by our beliefs -quite apart from their foundation in fact, and this is shown in all our -actions. We see men believing in others in spite of evidence which we -think ought to undeceive them; and people have been known to get married -under a quite mistaken estimate of each other's character. - -So long as the discharged prisoner believes that the world is against him, -that the hand of the representative of the law is raised to oppress him, -his actions will be influenced by that belief; and he may be driven to -despair as a consequence. I do not think that policemen generally have any -ill-feeling towards offenders; but officially there is no encouragement -for any personal feeling on their part, good or bad. Theirs is an -unenviable position. - -We make no real attempt to investigate the cause of wrongdoing and to -prevent crime by a rational method. Should a policeman interfere before an -offence has been committed, the motive of his interference will as often -as not be misinterpreted and he will be denounced as a busybody. In -practice we encourage him to believe that it is his main duty to arrest -offenders and he does his best to discharge this duty. It is too much to -expect that between him and those whom he is set to hunt there can be any -likelihood of mutual regard. As enemies each may have a respect for the -other, but friendship and friendly help are out of the question. -Unfortunately this fact has been left out of account in some recent -proposals for the prevention of crime and the reformation of the offender. - -In connection with all the prisons there are discharged prisoners' aid -societies, which seek to help those whose sentences have expired. The -number of these societies is increasing; but in Glasgow, praiseworthy as -are their efforts, they are quite unable to undertake the work that -requires to be done. In practice the societies mainly consist of their -officials, and these are few and hardworking. They try to get situations -for discharged prisoners and to influence them towards a better way of -living. Sometimes their efforts meet with success, but they have far too -much to do. Their resources are small, and they are hampered by want of -funds, but more by want of helpers. They struggle on valiantly in spite of -discouragement, and do what lies in their power to prevent those with whom -they come in contact from becoming worse than they otherwise would be. - -When a prisoner is liberated it is not always an easy matter for him to -find work. The fact of his having been in prison is not a recommendation -to anyone who would employ him. When work is found for him by the agents -of one of the societies which help discharged prisoners, his position may -be a somewhat difficult one. It is not every place where he can be -employed without objection on the part of his fellow-workers. As men they -recognise the need for charity and tolerance towards their neighbours, but -prison has such an evil sound to them that they are prejudiced against the -person who has been there. When this prejudice is overcome there is -usually a reaction in the ex-prisoner's favour, resulting in conduct -towards him that may be as embarrassing in its way as any springing from -the prejudice against him. At the best he is liable to be placed in an -atmosphere of suspicion that does not help him to do well. The -consciousness that he has been degraded is harmful to his sense of -self-respect, and altogether it is not easy for him to find suitable -companionship. Wisdom would counsel him to avoid the company of those who -have been associated with him in the conduct that led to his fall, but the -counsels of wisdom are not always easy to follow. - -There are very many who are willing to give assistance to a man who seeks -to turn over a new leaf, but they expect to direct him as to what shall be -written on the next page. If censure and avoidance may irritate and hurt a -man who has been convicted of wrongdoing, patronage may raise a spirit of -opposition in him. He does not want to be looked down upon, whether with -contempt or with compassion. Of course, he ought to be chastened by his -affliction; he ought to be repentant and submissive; he ought to do what -he is told; but it is not what ought to be that requires consideration if -we would help him to do better, but what is. In spite of their vicious -acts, it is never an evidence of wisdom to assume that vicious people are -greater fools than others. That they behave foolishly, from the standpoint -of their own and our interest, is quite true, and so apparent that it -needs no emphasis. The question is, Do we, who are so much wiser than -they, show that wisdom in our treatment of them? and the answer, evidenced -by the result of our attitude towards them, furnishes no strong testimony -in our favour. - -When a man has gone wrong it may be generally assumed that there is -something in him that has made him unfit to resist the temptations -incident to his position. If this assumption be correct it follows that we -are not warranted in expecting from him the same power of resistance as -others have shown. We are not justified in assuming that with proper -assistance his character and powers may not improve, but it is hardly -reasonable to expect conduct from him that would be more saintly than our -own; and a great many disappointments are suffered by earnest people who -seek to lift up the fallen, simply because they have expected too much. -When efforts to help a man result in failure it is a safe working rule to -assume that the fault is at least as much in the nature of the means -employed as in the man. They may have been very good means, but they have -not been applicable in the case; which is just to say that the result is -the test of their suitability. This is all so obvious that in practice it -is disregarded, and we persist in the foolish assumption that people on -whom our patent pills fail to act are incorrigible; though the fact is -that the offender is no more incorrigible than the reformer, and is -sometimes not so stupid. - -The position of the man who has been in prison is not so bad as that of -the woman who has been there. There can be no question that women less -frequently break the laws than men. This may or may not be evidence of -superior virtue on the part of women, but the fact itself makes the -position of the woman who has fallen more difficult to retrieve. She is -more conspicuous than the male offender, if only because there are fewer -of her kind, and the attitude of women towards her is less tolerant than -the attitude of men, either towards her or towards those of their own sex -who have offended. Accordingly, when a woman once loses her reputation she -is more liable than a man to accept the position and to sink under her -disgrace; so that the fallen woman is regarded by many as the most -degraded of beings, and her rescue has a fascination for those who seek -to aid the worst. This conception is absurd, as everyone knows who has -studied the subject with open eyes, but the question is one that cannot be -faithfully dealt with here. The economic position of the woman who has -broken away from the standards set by the law need not be, and often is -not, worse than that she held before her revolt. It all depends on what -she was and how she has rebelled. Vice as little as virtue determines the -economic position of those who are subject to it. The transgressor by her -transgression is cut off from her class, and she is in danger of failing -to gain a footing in any other. She may, and in the majority of cases -does, glide out of her folly as she has slipped into it; but when she is -publicly branded her chances of recovery are less than those of a man. The -attitude of men towards her may be insolent, but it is rarely so brutal as -that of women; and it is no uncommon thing to find that the most effective -help towards the restoration of a woman has been given by those among her -male friends whose character would least bear scrutiny by a censor of -morals. - -The attitude of her sex towards the woman who is down is generally one of -hostility. Whether something of the instinct of self-preservation inspires -this need not be here discussed; but it is abundantly clear that the woman -whose fall has been publicly recognised cannot hope to resume anything -like her old place, even if she were willing to seek it. Her recognition -as a respectable woman is too frequently made contingent on her acceptance -of a form of religion that enables her past to be always referred to, and -herself held up as a brand plucked from the burning. In her attitude -towards women she is affected by this knowledge, and their appeal to her -loses in effect because of it. There is nothing more difficult than the -treatment of these women. The prejudice against them is so strong that it -is only here and there a family is willing to take in and look after one -of them. - -Attempts are made to influence and direct such women as have no friends, -by placing them in homes. No doubt the inmates are much better there than -they would be if turned on the streets or living in common lodging-houses; -but they do not commend themselves to those whom it is sought to rescue; -for the majority of them will say quite frankly that it is "not good -enough." They prefer to struggle along as best they may rather than submit -to the life offered them. It always appears ungracious to criticise the -work of those who are earnestly engaged in trying to help others, but it -is fair that the view of those they seek to help should be presented. -Their view may be a wrong one, but until it is altered it will affect -their conduct; and it cannot be too emphatically insisted on that the -opinions of those whom we seek to help should be considered, and when -possible acted upon, if it is hoped to render effective aid. The first -objection a girl makes to entering a rescue home is that she must bind -herself to remain there for a prolonged period. She does not regard the -home as a desirable place of residence, but as a step towards restoration -to a decent position in the community. She objects to give her work for -twelve months, say, getting no other pay than her board, clothing, and -lodging, unless she remains in the institution for that time. She claims -that she might as well be in prison. The girl is not concerned with the -question whether the home pays others or not; she is concerned with the -fact that it does not pay her. - -Loss of reputation hinders a girl from getting a situation, even when she -is willing to drop her way of living and revert to steady work. People -who pay well quite naturally prefer not to make an experiment and seek to -have their money's worth, which implies not only an efficient, but a -steady and reliable worker. The situations open to the penitent, -therefore, are those which are worst paid. When she gains a character she -may obtain more remunerative occupation elsewhere. She recognises that on -account of her bad reputation she has to do more work for less money, but -she does not so readily admit that it is just that it should be so. She -thinks that it is one thing for an ordinary person to take advantage of -her needs and to underpay her, while it is quite another thing for a -Christian institution to keep her working for insufficient wages. In the -home she has as hard work and almost as little liberty as she would have -were she in prison. Her associates are girls like herself, with whom she -can converse on a basis of equality and discourse on life from a similar -standpoint. On the other hand, she is preached to, patronised by visitors, -entertained in a very proper manner, and taught in a thousand indirect -ways that she is different from them. If her associates do not help her to -forget her past, neither do her teachers. They want to be kind, and try to -be considerate; the effort is obvious. In a gentle way they may tell the -girls what they think of them and how much need there is for their -reformation, and they do not seem to see that they would come more closely -in contact with those they seek to help if they would assume the things -they express by word and attitude, and try to draw the girls out. The -defect in the teacher is too often a habit of talking at his pupils. The -girls are there to learn; the visitors to teach. Are they? What do the -girls learn, and what do the visitors teach? That we are all sinners and -our position a perilous one; that some of us have been found out and that -the penalty should be accepted humbly as being for our good, and so on. If -the formula is somewhat stereotyped that is not my fault. The girls who -appear to submit most patiently are naturally regarded as most hopeful. -What they think about it all does not appear to be considered of much -importance. They are wrong or they would not be there; and yet a girl may -make a mess of her life in one direction, and be none the less qualified -to give a shrewd and useful opinion on the causes of her failure. If those -who seek to teach them had less faith in their own doctrine and more -desire to learn, they would become less ignorant and would teach to better -purpose. Here and there some know this, and acting on the knowledge, are -more successful than others who are equally pious, equally -well-intentioned, but less well-informed. - -One quite recognises that it cannot be charged against the majority of -these institutions that they make money by the girls. They are often -carried on at a financial loss, for the cost is considerable; but -reformatory work cannot be conducted on a commercial basis. It is in the -nature of things that it should not pay its way in the narrow sense. The -cost of adequate supervision prevents this. But to charge the cost of -attempts at their reformation to the girls is to inflict at least an -apparent injustice on them that is apt to rankle in their minds, and to -drive away a number who would otherwise be helped--helped at a pecuniary -loss to the home, but at a great benefit to the community. After all, they -are earning their own living by their work. What they fail to do is to -earn a living for those who govern them. In exchange for their work they -are not permitted to spend their earnings as they please, but as it -pleases those who have undertaken to look after them. There may be -something to be said for the opinion that if one set of persons seek to -direct the lives of another they should be prepared to pay for the -privilege; but this subject of charity is one that needs examination. Some -people have very quaint ideas regarding it. I remember a decent woman who -rather prided herself on her goodness. Her husband had a small business, -and she occasionally requisitioned the services of his younger apprentices -for assistance at cleaning time. On such an afternoon a newsboy coming to -the door, she got a _Citizen_ from him, gave him a penny, and received -back the halfpenny of change. When he had gone she remarked to one of the -apprentices--a boy with a genius for saying the right thing in the wrong -place--"Puir boy, I just take the paper from him for charity." To which he -replied, "Aye, but ye took the halfpenny back!" There was something to be -said for both views, but the boy had the last word, and he soon found that -his criticism had borne fruit; he was dismissed. - -In the home there is more of a religious atmosphere and less mechanical -routine than in prison; but the religious atmosphere is as much objected -to by many of the girls as the mechanical routine. Both may be good for -them from the standpoint of the theorist, but neither seems to result in -the effect desired. In the prison there are fewer lectures and fewer -visits to the inmates than in the home, and the life is more monotonous, -but in the prison there is less opportunity for contamination. In both -places the old and degraded, the young and the ignorant, may be confined, -but in the prison they are separated. - -It is quite a mistake to imagine that the vice and degradation--that the -state of morals--of a person can be estimated by her age and the number -of her convictions. The old hand need not be so morally corrupt as the -younger, though her experiences may have been more numerous and varied. A -common statement of those who have been inmates of homes is that what they -did not know when they went in they learned before they came out, and -certainly they have opportunities of communicating their experiences and -relating their adventures while they are in a home that they do not have -while they are in prison. This is a thing that cannot be prevented so long -as people live together. That many have been restored after passing -through the homes is undoubtedly the case, but it does not follow that -their restoration was due to their experience there. That many have not -been improved, but have been the worse for their residence there, is not -at all to be wondered at. Where a religious atmosphere has affected them -favourably the disadvantages inherent to the establishment have been -overcome. Where it has failed to effect a change in them for good the -other associations tend to confirm them in evil. - -What effect, then, has imprisonment on those who undergo it? It usually -improves their health physically, but impairs their mental capacity. The -simple life favours the former; separation and destruction of the sense of -initiative favour the latter. Many do not return after a first experience, -and it is assumed that they have been deterred from wrongdoing by it; but -there is absolutely no ground for this assumption. It may be justified in -some cases, but in others there is no reason to suppose that the offender -would have repeated his offence, even though he had never been sent to -prison for it. Imperfectly as probation of offenders is worked, it has -shown this. Indeed, the very imperfection of the method has shown it the -more strongly, for so far from the offender having been taken away from -the conditions which incited him to commit his transgression, he has been -sent back to them, and in many cases has not again offended. - -It is not right to make assumptions when there is opportunity of examining -the facts; and no enquiry has been made as to the effect of imprisonment -in deterring those who have been in prison and have not returned for -repeating their offence. A great many do return, and that is positive -evidence that their imprisonment has not had a deterrent effect on them. -Why do they return? In some cases they have found that prison is not such -a horrible place after all, and that though the confinement is irksome the -time passes; and at the expiry of their sentence they may do what they -like. Many of them have to work hard and long to earn a living when -outside, and they learn that they can pick up a living at less cost and -have a better time, if they take the risk of being shut up now and again. -They have been cut off from their habits, which may not have been a bad -thing, and have acquired other habits which do not help them when they are -liberated. They have been officially marked with disgrace, and to that -extent rendered less able to secure employment and good company. They have -been taught to be respectful and obedient, but they have lost, in a -corresponding degree to their improvement in manners, their power to act -for themselves. In some respects they are better, in others worse, than -they were when they were taken in hand; and on the balance there is a -distinct loss. Recent attempts at reformation have not taken into account -the root causes of failure, and they fail to recognise that the longer a -person is cut off from the main current of life in the community the less -he is fitted to return to it. - - - - -CHAPTER VI - -THE INEBRIATE HOME - - The need to find out why people do wrong before attempting to cure - them--Enquiries as to inebriety--The inebriates--Official - utterances--Cost and results--The grievance of the unreformed--The - time limit of cure--The causes of failure--The fostering of old - associations--The prospect of the future spree--The institution habit. - - -It cannot be seriously contended that our methods of dealing with -offenders make for their reform. It may be that some of those who do not -return to prison have been checked in their career by the treatment they -have received, but as a matter of fact, there are a great many people sent -to prison who ought never to have been there at all. In my opinion it is -beyond dispute that our methods result in the making of criminals; that in -the majority of cases imprisonment not only does no good, but does -positive and serious harm. It should not be forgotten, however, that there -is no ground for supposing that the prison system is intended to reform -those who come within its operation. It keeps them off the street for a -time and prevents them from annoying those who are at liberty; but this -cannot be done without financial cost to the community, and it is only -done at a very serious loss in other respects. The same amount of money -spent in helping them to do well as it costs to imprison them for doing -ill, would prevent many of them from offending; but before this could be -done more would require to be known regarding the individuals than the -mere fact that they have offended against one or other of our laws. - -It is necessary not only to find out where and how the criminal has gone -wrong, but also where and why we have gone wrong in our method of treating -him. Profitable as it would be, no serious attempt has been made to do -this. The most that is done is to admit the inefficacy of prison treatment -and to devise some theoretical improvement on it. It seems easier for some -people to reason _in vacuo_--in their own heads--than to examine the facts -and face the consequences. Of late years the public has permitted one -institution after another to be foisted on it at the bidding of people who -have not shown even the most elementary knowledge of the subject with -which they were dealing, and of faddists who want to regulate other men's -lives by their own. Their opinion of the offender may be interesting and -it may have a value different from what they place upon it; but it is not -nearly as interesting, as helpful, or as valuable as the offender's own -opinion of the cause of his fall and of his needs. - -The imprisonment and reimprisonment of the habitual offender had become a -scandal. It was recognised that inebriety made men and women a danger and -a nuisance to the family and their neighbours, but no greater a nuisance -than the system by which we dealt with them. Everybody agreed that -imprisonment made them no better. It made them abstainers only for the -time they were in custody, but it did nothing to destroy the desire for -drink. So an Act of Parliament was passed to enable them to be placed in -an institution of another sort. If the prison failed to reform them, the -Inebriate Homes have proved a more costly, a more ghastly failure. Instead -of finding out the cause of the failure, a departmental committee, after -examining anybody but those who had been in the homes, has recommended -that further parliamentary powers should be granted to the committees -managing them and courts sending inmates to them. The rational method of -procedure would have been for intelligent and impartial persons to examine -those cases which had been improved, and to estimate how far the -improvement was due to the treatment received. This would not have been a -difficult task, for the cases were few; and having accomplished it, it -would have been equally profitable to examine the many cases of failure -and to seek the causes of that failure. It is much easier, however, to -collect the opinions of officials, of philanthropists, of those who are -interested in prescribing for the conduct of others--in short, of people -who are called authorities on a given subject, because nobody has been -bold enough to challenge them--than to obtain the confidence and open the -mouths of those whose wrongdoing it is sought to correct. It is a -grotesque statement that the Inebriate Home failed because the wrong -people were sent to it; also it is not true. It would be nearer the mark -to say that the home failed because it was not suited for the treatment of -inebriates. For after all, the very people for whom it was designed to -afford treatment were among those sent there. - -The patients chosen for treatment in the Inebriate Home were carefully -selected by a physician experienced in the treatment of mental diseases. -Some of them were mentally affected as a consequence of their drunkenness, -and there is room for supposing that some took to drink partly on account -of a mental defect; but inebriety is not a physical disease, it is not a -mental disease, although it may have some relationship to physical and -mental diseases. It was because of its being a social disorder that the -State undertook to consider these persons. This being so, each case could -only be rationally considered in relation to the social condition of the -inebriate. Information about the state of their various internal organs -might be useful, but it could never replace in importance or interest -information as to their social condition. - -The treatment failed because it was not adapted to the persons to be -treated, but was adapted to the state of mind of those who, on the -strength either of an academic qualification, or a belief in their fitness -to judge people who are of a lower social condition, had prescribed a -method without any real knowledge of the persons to whom they sought to -apply it. The public pays too much attention to the utterances of those in -authority, and it is difficult to avoid the habit of mistaking for -knowledge what is only a different kind of ignorance from our own. A thing -is not true because somebody says it; it may be true in spite of that; but -it would repay the trouble were official utterances more closely -scrutinised than they are. Zeal, honesty, integrity, may be present in the -official, and he may be a very talented man as well, and yet he may lead -matters into a sad mess. The less he is questioned, the more he is -suffered to go on unchecked, the worse for him and for those whose servant -he is. The good servant may become a very bad master. Then all official -persons are not equally able. If a man has not wit, it is not likely to be -developed in him by giving him a title or a uniform. If he has not much -wisdom, he is not likely to become less foolish even though you place him -in the seat of Solomon. The fact that a man holds a position is not proof -of his fitness to fill it; and respect for an office makes it all the more -incumbent on honest men to scrutinise and criticise the actions of the -person who occupies it. Loyalty to the public service is too often -confused with servility to those in the upper ranks, resulting in -something very like a conspiracy to magnify their importance (which would -be a small matter), and to induce the public to attach an undue weight to -what they say, though their statements may appear foolish enough. All this -is quite heterodox doctrine, and in practice will not tend to make a man's -path smooth; but the orthodox method of assuming that the higher in -authority a person is, the abler and wiser he must be, has not resulted so -satisfactorily that it should escape challenge. - -The official reports of Girgenti Inebriate Home were a great deal more -satisfactory than the results, and the home might have been in existence -yet if the representatives of the public had not informed themselves of -the real state of affairs. A few cures are put to its credit at a -calamitous expense. The cost of keeping a woman there amounted to between -twenty-five and thirty shillings per week, and the odds were proved to be -against her being reformed after three years' treatment. In other words, -the public were guaranteed that all persons sent to the home could be kept -sober at a cost of from sixty-five to eighty pounds each per year, but -they had no reason to believe that when this payment ceased on their part -the patient would take her place in the community and remain a sober -citizen. If she was not made better, did she become worse as a result of -her treatment there? In some respects she did. You cannot meddle with the -lives of others without result, for it is impossible to leave them as you -find them. - -I remember being visited one morning by a woman who had left the home -after a three years' stay there. She had been drinking before she called -on me, and she had some complaints to make regarding her treatment there. -The complaints were trifling in character, and were more in the nature of -gossip than anything else. I told her that she had cost the community some -L200 to keep her during the last three years, and they seemed to have made -a bad bargain. I advised her to think a little less of her grievances and -a little more of the comfort of her neighbours, and dismissed her with the -usual censure and advice; but she had a case against the State, although -she was not able to express it clearly. I would put it for her thus: "When -you interfered with my life I had fallen into the habit of drinking, but -in the main I earned my own living and meddled very little with others to -their annoyance. I had my friends, whom your judgment might not approve, -but between them and myself there were common ties. We sympathised with -each other and helped each other. You undertook to reform my life, to -break me of my bad habits, to make me more fit to earn my living without -offending against your laws. You have ruled and governed me for three -years. You put me in a home where my life was regulated for me; you gave -me as companions people with whom I had never associated before; you -compelled me to live in their company; you taught me nothing that I find -of any use to me outside; you kept me from drinking. It may have been a -poor pleasure, but it was the only one I had. You did not take the taste -for it away, and you have given me nothing to replace it; and now I am -three years older, and you turn me loose on the streets of the city to -which I belong, and in which I am now through your action very much a -stranger, and invite me to work for my living in competition with others. -I could work and did work before you meddled with me; I could work yet, -but I must have something to fill my life as well as work, and I have -taken to drink again, because it is the only thing I know that meets the -need I feel. I am worse off than I was before you started to reform me. -Then I had friends, now I am alone; for they have gone their own way: some -to death, all of them from me. There is nobody from whom I can have the -sympathy and the help I once had. My friends had their faults and they -knew mine; that was why we were friends. All you can offer me is -patronage, advice, direction from people whom I don't know and who don't -know me. The one thing that I want, which is fellowship, I have not got. -You have taught me to depend on others. You have made me obey your rules, -and now you set me free to make rules for myself, and leave me to drift -back into the place where I was; to face the same difficulties, the same -temptations, without the companionship of those who had grown into my -life. You have taken three years from my life and you have given me -nothing for it. Give me back my life or justify your interference with it -by fitting me to become a better citizen than I was." - -This is something like what the woman appeared to feel and tried to say, -and there is really no answer to it. It is not a wise proceeding to treat -the lives of men and women as toys with which we can play, and throw them -aside without practical regard for consequences when we are tired of the -game. If we do not direct them, they will direct themselves, and the less -fitted they are to do so the worse for us. I remember one woman who was -an inmate of a home, but who had been employed on a farm outside under -licence. Her behaviour was excellent; she was a good worker, although she -had had over a hundred convictions for drunkenness before her admission to -the home. She always had been a good worker in the intervals between the -drinks. She conformed to the terms of the licence, whatever these were, -and seemed to be a reformed character. I suggested to her that it was -perfectly clear that, though she could not resist the temptations incident -to life in the slums of a great city, she might continue for an indefinite -period to live a useful life in the country. She replied, "As soon as my -three years are up I am going back to the town," and she kept her promise, -with the result that she went back to her drinking. In her case it was -proved that she could behave for a long period when the only alternative -presented to a regulated life outside an institution was a more rigidly -regulated life inside an institution. She preferred the outside farm to -the home, but she preferred the streets of the city to either, and her -case raises the question whether it is advisable to withdraw all control -from those like her. She did not require to be continually overlooked by -officials in order that she should conform to the law. Her life was left -under the inspection of the inhabitants of the district in which she -worked, and it is quite conceivable that she might have been working there -yet, if she had not known that the reward of restraining herself would be -not so much a change in character, as freedom from any supervision when a -fixed term had expired. - -The cause of the failure of the Inebriate Home did not lie in the -character of the inmates or of the officials who were placed over them, -but in the defect inherent in all institutions; the fact that the manner -of living in them differs essentially from anything that obtains outside. -They are all founded more or less on the military model, and the military -model and the industrial model are different. Far more than most of us -suspect we are the creatures of habit:--often of habit acquired slowly, -gradually, and unconsciously. To remove ourselves from one place to -another implies the breaking off from some habits, but it also implies the -formation of others. It did not need the experience of the Inebriate Home -to let us know that men might be removed from the opportunity of drinking -for long periods and, on return to their former conditions, resume the -habit. Years of imprisonment, where teetotalism is rigidly enforced and -where the diet is of a non-stimulating character, did not make the men who -were submitted to it abstain from drinking on their release. The -objectionable habit can only be cured through being replaced by something -which is of equal interest, has greater power, and enables the man to live -his life without being a nuisance to his neighbours. - -When men or women are placed in association with one another, they have to -find some common bond of interest. In every voluntary association this is -recognised. Religion causes some to cut themselves off from the world and -to devote their lives to its pursuit. Men differing in social positions, -in age, in experience, in character, in temperament, join together to form -a community. The one thing they have in common is their form of belief. -They may differ as widely as possible in their views on other subjects, -but these differences are not the thing that holds them together. They -would rather tend of themselves to break up the association, since -disagreement drives people apart. The differences are only tolerable -because of the bond of agreement which is strong enough to compensate -them. On this subject and around it they may talk. The experience of each -will interest the other, will enlighten him, will at any rate be -considered by him. The same is true of political associations. Differences -there are amongst the members, but these differences cannot go beyond the -point at which some common agreement balances them, without breaking up -the association. - -Inebriate Homes and other reformatory institutions are not voluntary -associations, but there can be no intercourse amongst their inmates that -is not based on some experience common to them all. In the Inebriate Homes -the common factor is inebriety. However much the inmates may differ in -other respects, in this they are all alike: that they have indulged in -drink to such an extent that the law has interfered to deal with them, and -so the question that every newcomer has to face is, "Why are you here?" -They are compelled to associate with one another, and they will get on the -better together for each knowing something of the others' story. Scenes -are recalled that had better be forgotten. Time spent in regretting the -past while detailing its incident may result, and often does, in a -repetition of the evils which are deplored. - -Better that the mind should dwell on something else than on the errors of -time past. It is a common thing to see a man begin to tell a wild episode -or experience of his earlier years, and to observe that beneath his -expressions of criticism and regret there is a certain tone of -satisfaction that he has been through it, and a lingering reminiscence of -the enjoyment he has had in it. He condemns the folly, admits it was a -mistake, and shows quite clearly that it was quite a pleasure at the -time. Talking over the past brings it back and keeps the memory of it -alive, and persistence in this course may cause that which has been -regarded with disgust to become a thing that is desired, even a thing that -is longed for. I remember a conversation with an inmate on the occasion of -a visit I made to an Inebriate Home. I had known her as a habitual -offender for years before her reformation was undertaken, and at this time -she had been in the institution for more than a year. I congratulated her -on the improvement in her appearance, and at the end of our talk she said, -"It's a' quite true, I am better housed than I ever was. Ma meat is a' -that a body could want, and I get it mair easily than I did ootside. The -work's no o'er-hard, and the officials are kind. There are bits o' rows, -of course, noo and then; whaur there are so many weemen you couldna expect -onything else; but there's naething to complain of. The country's real -bonny in the summer, but I get tired of the country. I am a toon bird like -yoursel', doctor, and I weary for the streets." I suggested to her that -since she was so well off and could be suited on the expiry of her term -with a place where she would not have the same inducements to drink as she -had had, she should make up her mind to keep away from the town; but she -answered, "No; it's a' very nice and comfortable, but I wouldna gie a walk -doon the Candleriggs for the haill o' it." Of course she ultimately had a -walk down the Candleriggs, followed by a drive to prison; but it was quite -apparent that this longing for her old haunts was the result of her -failure to be impressed by interests that were equally absorbing, and that -would become more powerful. Had such an interest developed in her, the -Candleriggs would have been merely an empty sentiment. It would have -occupied the position that "Bonnie Scotland" has in the minds of so many -of the Scots who, having taken up their residence abroad, and having -become absorbed in their affairs, stay there--afraid to return lest they -lose even the sentiment. Just as in the religious community the members -are stimulated to welldoing, in the reformatory the association of people -whose common bond is their offence stimulates them to wrongdoing, or at -least tends to hinder them from breaking off their old interests. - -Institutional life has points of difference from life outside, which cause -the formation of habits that are detrimental to the inmates when they -return to the community. They are lodged usually on the model of the -barracks; though this does not apply to the lodging of prisoners in -prison, as they have separate rooms. Outside an institution most people do -not sleep in dormitories or live in common rooms. They may live and sleep -in the same room, but the only lodging outside which is on the same model -as the dormitory is the common lodging-house, and that is the last place -to which anyone would desire that a reformed offender should go. - -In an institution division of labour is carried out for reasons of -economy. The superintendent directs that different sets of people should -perform different duties. Even if all the persons are changed at intervals -from one set of duties to another, with a view to each inmate learning to -do all parts of the work which is necessary in order that the place may be -kept in proper condition, the habit formed is different from that of the -housewife outside, who daily has to go over the whole round of her work. -She is not responsible for doing a part, knowing that some other is -responsible for some other part. Not only each part of the work engages -her attention in its turn, but she is accountable for the whole; whether -she does it well or ill is beside the point, which is, that there is -nobody to rule her and no one whom she can hold accountable for her -neglect. The habits of housekeeping acquired by the inmates of a home may -tend to make them good servants, but they are certainly not the kind -likely to make them more fit than they were to undertake the management of -a house of their own; for they do not manage, they are managed. - - - - -CHAPTER VII - -THE PREVENTION OF CRIMES ACT (1908) - - The Borstal experiment--Provisions for the "reformation of young - offenders"--Is any diminution in the numbers of police expected?-- - Preventive detention--The implied confession that penal servitude - does not reform, and the insistence on it as a preliminary to - reform--The prisoner detained at the discretion of the prison - officials--The powers of the Secretary of State--The change under the - statute--The necessary ignorance of the Secretary of State by reason - of his other duties--The "committees"--The habits to be taught--The - teaching of trades--The ignorance of trades on the part of those who - design to teach them--The difficulty of teaching professions in - institutions less than that of teaching trades--The vice of obedience - taught--Intelligent co-operation and senseless subordination--The - military man in the industrial community. - - -Some few years ago the English Prison Commissioners began a modified -system of treating certain offenders. Borstal Prison was set apart for the -purpose, a staff was specially chosen, and young offenders were selected -for experiment. It was a notable departure, and the authorities seem to -have been satisfied with the results. Either they had power to undertake -the experiment or they had not. In the former case there was no need for -an Act of Parliament to give authority; in the latter case they must have -been breaking the law. If they were within their powers there was nothing -to hinder them from extending their beneficent work. That work would -necessarily depend for its success on the experience and special ability -of those who performed it. If the men in office in other prisons do not -possess similar qualifications for the work no statute will confer them; -but it may cause them to have duties placed upon them which they are not -fitted to discharge. So long as the treatment had to be justified by its -results, it would be fairly safe to assume that only those who could prove -their fitness would direct it; now it needs as little of such -justification for its continuance as do the Inebriate Homes. - -The Prevention of Crimes Act (1908) deals with the "Reformation of Young -Offenders," and the "Detention of Habitual Criminals." The young offenders -must be not less than sixteen and not more than twenty-one years of age; -but the Secretary of State with the concurrence of Parliament may make an -order including persons apparently under twenty-one, if they are not -really over twenty-three years of age. The young offender must be -convicted on indictment of an offence for which he is liable to penal -servitude or imprisonment; and it must be apparent to the Court that he is -of criminal habits or tendencies, or an associate of bad characters. The -Court must consider any report by the Prison Commissioners as to the -suitability of the offender for treatment in a Borstal Institution; and -may send him there for not less than one and not more than three years. In -Scotland the Secretary of State may apply the Act by Order, and may call -the institution by any name he chooses. - -If a boy in a reformatory commit an offence for which a Court might send -him to prison, he may instead be sent to a Borstal Institution, his -sentence then superseding that in the reformatory school. - -The Secretary of State may transfer persons within the age limit from -penal servitude to a Borstal Institution. - -The Secretary of State may establish Borstal Institutions, and may -authorise the Prison Commissioners to acquire land, with the consent of -the Treasury, and to erect or convert buildings for the purpose, the -expense to be borne by the Exchequer. He may make regulations for the -management of the institution, its visitation, the control of persons sent -to it, and for their temporary detention before their removal to it. - -Subject to the regulations, the Prison Commissioners, if satisfied that -the offender is reformed, may liberate him on licence at any time after he -has served six months--in the case of a woman, after three months; and the -licence will remain in force till the expiry of the sentence, unless it is -revoked or forfeited earlier, in which case the offender may be arrested -without warrant and taken back to the institution. Subject to regulations, -the Prison Commissioners may revoke the licence at any time. If a licensed -person escapes from supervision, or commits any breach of the conditions -laid down in the licence, he thereby forfeits it; and the time between his -forfeiture and failure to return is not computed in reckoning the time of -his detention. The time during which he is on licence, and conforming to -the conditions therein, counts as time served in the institution. - -Every person sentenced to detention in a Borstal Institution remains under -the supervision of the Prison Commissioners for six months after his -sentence has expired; but the Secretary of State may cancel this provision -where he sees fit. The Prison Commissioners may grant a licence to any -person under their supervision, and may recall it and place him in the -institution if they think this necessary for his protection; but they may -not detain him for more than three months, and they cannot detain him at -all when six months have passed since his sentence expired. - -Young offenders detained in Borstal Institutions, if reported as -incorrigible or as exercising a bad influence on the other inmates, may be -removed to a prison to serve the remainder of their term, with or without -hard labour, as the Secretary of State may decide. - -The person under licence must be placed under the supervision of some -person or society willing to take charge of him, and named in the licence. -Where a society has undertaken the assistance or supervision of persons -discharged from the institution, the expenses incurred may be paid from -public funds; but, curiously enough, the statute makes no reference to -payment of persons willing to act as guardians. - -A person may be moved from one Borstal Institution to another, and from -one part of the United Kingdom to another. He is to be "under such -instruction and discipline as appears most conducive to his reformation -and the repression of crime"--which is sufficiently vague. The only thing -of any importance in this part of the Act is the provision for letting the -offender out on licence. If it is used to board him out, some progress may -be made; but if it is merely used to provide funds for some society of -philanthropists to play with, there is little ground for the hope that it -will do much for the offender. - -The second part of the Act is more peculiar than the first. It is designed -to deal with the case of the habitual offender, and as originally drafted -it provided for retaining him in custody, if the officials thought proper, -for the rest of his life. This would have been nearly as certain a -preventive as hanging him, and would have been much more costly. - -A consequence that might be expected to spring from the prevention of -crime would be a diminution in the numbers of the police. It is their duty -to arrest criminals, and if the criminals are shut up their occupation is -gone. It is a striking fact that during all the discussions which took -place on the measure, nobody suggested that as a result of its operation -there would be any smaller number of policemen required. There was no -likelihood of it; for crime will not be prevented to any great extent by -the institution of "reformatories"--experience has shown that very -clearly--but it will be diminished to some extent while the professionals -are incarcerated. This has been tried and found insufficient and -unsatisfactory. The new Act makes provision for the care of people who -have been liberated from Borstal Institutions, and for the reformatory -treatment of those who have become habituals after graduation in crime and -in prison experience--neither of which qualifications makes it easier to -deal with them. - -The "habitual criminal" of the statute is one who, between his attaining -the age of sixteen years and his conviction of the crime charged against -him, has had three previous convictions and is leading persistently a -dishonest or criminal life. Such a person, after being sentenced to penal -servitude, may be ordered to be detained on the expiration of that -sentence for a period of not less than five and not more than ten years, -at the discretion of the Court. The charge of being a habitual offender -can only be tried after he pleads or has been found guilty of the crime -for which he has been indicted, and seven days' notice must be given the -offender of the intention to make such a charge. The Court has a right to -admit evidence of character and repute on the question as to whether the -accused is or is not leading persistently a dishonest or criminal life. -The person sentenced to preventive detention may appeal against the -sentence to a Court consisting of not less than three Judges of the High -Court of Justiciary, in Scotland. The Secretary of State may, in the case -of persons appearing to be habitual criminals and undergoing sentence of -five years' penal servitude or upwards, transfer them, after three years -of the term of penal servitude have expired, to preventive detention for -the remainder of their sentence. - -Prisoners undergoing preventive detention shall be confined in any prison -which the Secretary of State may set apart for the purpose, and shall be -subject to the law in force with respect to penal servitude; provided that -the rules applicable to convicts shall apply to them, subject to such -modifications in the direction of a less rigorous treatment as the -Secretary of State may prescribe. This means that the person convicted has -to be dealt with by the same officers who have been dealing with him when -he was called a convict prisoner. There is no reason to assume that their -ability to make him better than he was will be increased because an Act of -Parliament has been passed. A change of labels, however dexterous, does -not alter the character nor will it change the atmosphere of the prison. - -"Prisoners undergoing preventive detention shall be subjected to such -disciplinary and reformative influences, and shall be employed on such -work as may be best fit to make them able and willing to earn an honest -livelihood on discharge." - -This subsection is wide enough to include all reform. It implies that -prisoners are not subjected to such disciplinary and reformative -influence, and are not employed on such work as may be best fitted to -make them able and willing to make an honest livelihood on discharge; but -if this implication is justified, why should they not be placed under -helpful conditions from the first day of their imprisonment? To one who is -not a legislator it appears foolish to insist that offenders should be -placed under conditions which do not fit them to live honestly outside -prison, and that this process should be repeated until they have become -habitual criminals, before it is ordered that steps shall be taken for -their reform. What are the influences ordered by Parliament, and what is -the work they have to be taught which will make them able and willing to -earn an honest livelihood? Surely no Member of Parliament is credulous -enough to believe that the influences and the work that will tend to make -one man better will be suitable to all men. Even Members of Parliament do -not all conform to the same rules, and there are as many differences among -criminals as among legislators. - -"The Secretary of State shall appoint for every such prison or part of a -prison so set apart a board of visitors, of whom not less than two shall -be justices of the peace, with such powers and duties as he may prescribe -by such prison rules as aforesaid." - -"The Secretary of State shall, once at least in every three years during -which a person is detained in custody under a sentence of preventive -detention, take into consideration the condition, history, and -circumstances of that person, with a view to determining whether he should -be placed out on licence, and if so on what conditions." - -"The Secretary of State may at any time discharge on licence a person -undergoing preventive detention if satisfied that there is a reasonable -probability that he will abstain from crime and lead a useful and -industrious life, or that he is no longer capable of engaging in crime, or -that for any other reason it is desirable to release him from confinement -in prison. - -A person so discharged on licence may be discharged on probation, and on -condition that he be placed under the supervision or authority of any -society or person named in the licence who may be willing to take charge -of the case, or of such other conditions as may be specified in the -licence. - -The Directors of Convict Prisons shall report periodically to the -Secretary of State on the conduct and industry of persons undergoing -preventive detention, and their prospects and probable behaviour on -release, and for this purpose shall be assisted by a committee at each -prison in which such persons are detained, consisting of such members of -the board of visitors and such other persons of either sex as the -Secretary of State may from time to time appoint. - -Every such committee shall hold meetings at such intervals of not more -than six months as may be prescribed, for the purpose of personally -interviewing persons undergoing preventive detention in the prison, and -preparing reports embodying such information respecting them as may be -necessary for the assistance of the Directors, and may at any other time -hold such other meetings and make such special reports respecting -particular cases, as they may think necessary." - -A licence may be in such form, and may contain such conditions as may be -prescribed by the Secretary of State. - -The Secretary of State is the figure who has all power over the person -sentenced to preventive detention; but the Act does not give him any power -that he did not before possess. The Secretary of State has always held -and used a dispensing power regarding the sentences passed on prisoners. -He has not only remitted sentences, but he has imposed conditions while -granting a remission. The Act does not even limit his power, for as the -representative of the King he may liberate anybody if he sees fit. What -the Act does is to set up machinery whereby the Secretary of State may be -moved. Hitherto some personal interest must have been taken by him in a -case before the exercise of the Royal prerogative would be recommended by -him, for he would require to be prepared to justify his action if -questioned in Parliament. The Act alters all that in so far as it applies -and makes matter of routine what was exceptional. - -The Secretary for Scotland is the head of all the departments of -administration, and being the head of all, is not likely to know, -intimately, much about any of them. He has his parliamentary duties to -attend to, and the more they press on him the more administrative work -must he leave to the permanent heads of the departments. One Secretary of -State may obtain, and may deserve, a better reputation for administrative -capacity than another; but it is absolutely impossible to expect any one -man to know intimately the details of the work of all the departments. He -is responsible for education, for instance, but what can he know -personally of the educational needs of a boy in the east end of Glasgow? -Yet he prescribes for the education of all boys, as though it were easier -to know about thousands than about one. As head of the Local Government -Board, he has to state what amount of relief should be given to poor -people in different parts of Scotland, what amount in grant should be -given to distress committees, and what kind of work the unemployed should -do. He never is a man who has had any experimental acquaintance with -poverty, or who knows by experience what distress is entailed in a -working-class family by dull trade; and manual labour has not been his -occupation. Yet it is not the representatives of these people who instruct -him. It is the Board of which he is the head, and whose members, however -able they may be, are less in contact with those for whom they prescribe -than he is. He is head of the prisons department, and he may now and then -visit a prison; but even a Secretary of State, one might go further and -say, especially a Secretary of State, cannot gain much intimate knowledge -of prisons and prisoners from a casual visit. He has too many things to -do, and the man who has too many things to do seldom does anything. He -leaves that to his assistants. If Solomon undertook and tried to do as -many things as a Secretary of State is supposed to do, he would lose his -reputation for wisdom in a week; but he wouldn't be Solomon if he tried; -and so the Secretary of State, on the advice he receives, has to determine -the fate of the prisoner who is under sentence of preventive detention. -Once in three years every such person has to come under his notice. This -can only be done through reports. - -These reports have to be made by the committee set up under the Act, which -committee is appointed by the Secretary for Scotland. It would be too much -to expect that he should know the local circumstances in every case, and -the men appointed may only be those recommended to him by his officials. -That these will be men of good repute there need be no doubt, but there is -no reason to suppose that they will be the men best fitted to represent -the public, or most likely to have an intimate acquaintance with the -conditions under which the prisoners have lived. If the officials had -themselves shown any aptitude for dealing with prisoners in a reformatory -way, there might be some reason for assuming that their nominees would be -persons whose experience of life and the character of whose abilities -would be of such a nature as to fit them for the work they are supposed to -undertake. Men of ideas, especially if the ideas are not officially -approved, are not at all likely to find themselves nominated for such -work. They would cause trouble, and it is better that things should not be -done than that Israel should be disturbed. - -The committee have to meet at intervals for the purpose of personally -interviewing those who are under their care; and the value of their -reports will depend on the intimacy of the knowledge they gain regarding -the persons interviewed and on its accuracy. Apparently they need not meet -more frequently than once in six months. Such a provision is too nakedly -absurd to deserve discussion. Apparently they have to report to the Prison -Commissioners, who report to the Secretary of State. The position is -therefore something like this--that prisoners after they have served -prolonged periods in prison may be transferred to another part of the -establishment in order to be reformed. In their new quarters the treatment -they receive is to be less rigorous than it has been. The influences under -which they have to be brought are described but not defined. The officers -may be the same as those who were called warders in the other part of the -prison, but they may have a new name--perhaps a new uniform. If the person -satisfies the Secretary of State, whom he will never see and who knows -nothing about him personally, that he is a reformed character, he may be -liberated on licence; and he may seek election to the ranks of the -licensed once in three years. His conduct and record will then be -considered. What will determine the character of the record obviously is -the impression he makes on those who come into contact with him. That is -to say, he will mainly depend on the report of the warder, for after all, -does he not know most about the man? He certainly sees more of him than -does any other body. A form will be devised which he will regularly fill -in. Government institutions are notable for forms. It will provide for a -record of the prisoner's conduct, behaviour, intelligence, and all sorts -of things, and will no doubt be as ingenious a production as any of the -numerous specimens which result from our practice of government by clerk. -The warder will report to the head warder, who will report to the -Governor. The Medical Officer will report as to the health of the person, -and all the reports will go on to the Prison Commissioners, and from them -to some clerk in the Scottish Office, who has satisfactorily passed a -Civil Service examination on the Boundaries of the Russian Empire, the -death of Rizzio, or some such important educational subject, and who has -never had any opportunity to know anything about prisoners save what can -be learned from books, reports, and an occasional visit to prison. The -reports will be carefully checked, weighed, and summarised, and the -Secretary of State will sign the order made for him. - -It is perfectly obvious that the higher up in the official scale one goes, -the less intimate knowledge of the lives of prisoners, of the social -conditions under which they lived outside, and of their needs, can you -reasonably expect to find as things are at present arranged. The man who -has the best chance to get a licence under the Act is the man who can -dodge best. All our experience points to the fact; and it is not uncommon -for the most objectionable character, by subservience and sycophancy, to -impress favourably those who have the dispensing of privileges, and this -is not confined to prisons or prisoners. - -When a prisoner is liberated on licence from a place of preventive -detention and placed under the supervision or authority of a society or -person, the society or person has to report in accordance with regulations -to be made to the Secretary of State, on the conduct and circumstances of -the licensee. The licence may be revoked at any time by the Secretary of -State, when the person licensed must return to prison. If the person under -licence escapes from the supervision of those under whom he has been -placed, or if he breaks any conditions of the licence, he forfeits it -altogether, and may be brought before a court of summary jurisdiction and -charged with breach of licence, and on proof be sent back to the place of -preventive detention. The time during which a person is out on licence is -treated as a part of the term of detention to which he has been sentenced; -unless he has failed to return after his licence has been revoked, in -which case the time during which he may have been said to have escaped -does not count as reducing the term of his sentence. The conditions of -licence may be withdrawn at any time by the Secretary of State, and the -person licensed be set absolutely free; but in any case, after he has been -out on licence for five years the power to detain him lapses, provided he -has observed the conditions of his licence during that time. - -In both the Borstal and the Preventive Detention Institution it is -intended to teach the inmates habits and pursuits that will be useful to -them in the world outside. What these are will altogether depend on what -is to happen to them on liberation. No institution has yet been devised -that even remotely resembles anything like the life that its inmates have -to anticipate. - -A great deal has been written about the advisability of teaching trades to -persons in institutions, but the writers are never themselves artisans, -and if they had any practical knowledge of the subject they would not -write; there would be nothing to write about. More goes to the learning of -a trade than the handling of the tools. Men have not merely to learn how -to do a thing, but how to do it in association with other workers. They -learn the trade not from the lectures of a teacher or the instructions of -a foreman, but from watching the work of others, and imitating or avoiding -their methods, as seems most suitable. Take the two best tradesmen in -almost any workshop, and you will find that they set about their work each -in a different way--each in the way he has found best suited to himself. -The apprentices learn from them; and the lad or man who wants to learn a -trade, is ill-advised indeed if he goes to a workshop where there are as -many apprentices as journeymen. - -It used to be said that the first year of a joiner's apprenticeship was -served in sweeping the shavings and in boiling men's "cans"; and there was -a good deal of truth in the statement. The best tradesmen I have known -spent the first part of their apprenticeship knocking about the workshop, -fetching and carrying for others, and unconsciously receiving impressions -and gaining knowledge. The worst I have ever known were one or two whom -the foreman thought, when they entered on their apprenticeship, to be too -old for him to put to such work, and who were chained to the bench right -away. - -In an institution where it is undertaken to teach lads or men trades, not -only are the conditions less favourable than those outside, but they are -actually opposed to them. In fact, you have a company composed almost -entirely of apprentices. There are no journeymen. There is only a foreman -in the shape of the instructor; and as the longer he is there the more out -of touch he is with the changes in method that have taken place amongst -his fellow-tradesmen outside, he is only capable of telling his -apprentices how he would do the thing, which in a workshop they might do -better by following a plan more suitable to them. If he has to overlook -their work they cannot be overlooking his; and while he is criticising -their efforts and keeping them in order he cannot be showing them an -example. - -Every tradesman and every employer knows that it is an important question, -not only whether a man has served his apprenticeship, but where he has -served it. Of course, under the most favourable conditions some men do not -become good tradesmen; they may have gone to the wrong occupation for -them; but there are conditions that are generally more favourable than -others for the production of capable workmen, and these conditions cannot -possibly exist in an institution. Exceptions trained there may turn out -passable workmen and may find work outside, but the result of trying to -teach trades in an institution will be that at considerable expense you -will increase the number of bad tradesmen; and there are plenty. - -I do not say that nothing can be taught in an institution. Many things are -learned there. The whole point is that they are not the things that make -for efficiency outside. - -It is easily seen how a man who has not himself been trained in a -handicraft may believe that it can be taught as well in one place as -another, although if you consider his own occupation and suggest that his -profession too might be taught anywhere, he will readily see objections. -The people who are notably interested in prison reform are largely drawn -from the professional classes and from the well-to-do. It may be quite -possible to teach a prisoner or the inmate of a reformatory to acquire the -habits and the manners of an independent gentleman. Of the feasibility of -the proposal, were it ever made, I am not qualified to speak; but, as an -observer, one cannot help seeing that many of them have already acquired -the habit of doing as little useful work for themselves as possible, and -of expending a good deal of energy in directions that are not socially -productive. The clergyman would reject as impracticable any proposal to -train the reformed in an institution for entry into his profession; and -yet abundance of quiet and of time for study could be obtained there, and -there does not seem to be anything to hinder the teaching of theology, of -literature, or of philosophy, from taking place within its walls. - -There is, of course, the question of brains. It is a great mistake to -assume that brains are the monopoly of any class, or that they play a more -prominent part in the work of professional men than in that of others. So -far as the training is concerned, there is no ground for assuming that -selected inmates of reformatory institutions could not be had who are as -well qualified by natural endowments to receive instruction of an academic -character, in as large numbers, as others who would be fitted to receive -instruction in the working of wood or of metal. Of course there are other -reasons why ministers should not be trained in prison. There is the -question of moral character; and though reformed desperadoes have become -noble beings before now, I do not think that even the most enthusiastic -evangelist would consider it safe to assume that a man who has failed to -conform to the laws of the community is a safe person to train for the -ministry. - -This question of character would not be so generally admitted against any -proposal to train the inmates of a reformatory institution as lawyers; but -although a man might acquire all the useful information and general -knowledge that are required for examination as a preliminary to admit him -to the study of the laws of his country; although he might master the -text-books and become learned in the records of legal decisions quite as -well in a prison as in a lodging outside; no lawyer would admit that -thereby he could qualify to practise his profession. He would insist that -there is something more required in his experience than the mere knowledge -of the laws and of case-books. Being a lawyer, he could set out at length -what that something is. - -So there is something that marks off the man who has been trained under -the artificial conditions which exist in an institution from the man who -has been trained outside. I knew of a blacksmith who was a very useful -tradesman while he remained in the institution where he had learned that -trade. He obtained work outside on several occasions, but he lost it -always, not through any misconduct on his part, but through sheer -inefficiency. Some things he could do, but most things he could not do; -and his employers found him an unprofitable servant, partly because of his -limitations and partly because his methods impaired the efficiency of -those with whom he worked. In my day I have served an apprenticeship both -to a handicraft and to medicine, and I have no doubt whatever that it -would have been as easy for me to train for my medical qualification in -prison as to have qualified myself as an artisan in an institution. - -It is assumed that what the offender needs is above all to be trained in -habits of obedience, as though that were not what he has always been -taught when in any prison; and much good our training has done him. - -I know as little about military affairs as the military men who are -appointed to manage prisons and prisoners know about the duties they -undertake when they are appointed, but I do know something about the -worship of discipline. Discipline means not knowing more than the man -above you, no matter how difficult it may be to know less. There must -always be twice as much wisdom and truth in anything the superior officer -does or says as there is in the actions or words of his inferiors; and it -is insubordination to behave in ignorance or in contempt of this great -principle. - -At school we were taught a story about a man named William Tell, regarding -which the later critics dispute the accuracy. It seems that a high -military personage called Gessler set his cap upon the top of a pole in -the market-place and commanded the people to bow down to it. Tell refused -to do so, and was seized and compelled to enter on a test of his skill in -archery; and so on. Whether the story about Tell is true or not, there can -be no doubt about the cap; in one form or other it is still a symbol of -authority, to be saluted with respect by the common people. In Scotland we -had a song about Rab Roryson's Bonnet, but "It wasna the bonnet, but the -heid that was in it," that was the real subject of the ditty. Discipline -pays no regard to the head that is in the cap. The cap is the thing, -though it may be placed on a pole. - -Everybody knows that the old cap of knowledge in fairy tales has no longer -an existence, and that absence of what is called brains will not be -compensated for by any covering of the skull, whatever pretence may be -made to the contrary. - -Of the virtue of obedience we hear a good deal, and if we look around us -we will see evidences that it may be no virtue at all, but a vice. In one -of the best known of his poems Tennyson describes the soldiers: "Theirs -not to reason why: Theirs not to make reply"; and there are many who think -it a noble thing to teach a man not to use the brains he has, and to die -rather than show disrespect to his superior by questioning his competence. -This may be a military virtue, but it is a civil vice. If it did not work -outside so badly in practice, it might be allowed to pass unquestioned; -but one has only to look around to see the result of its application. The -men who come under its operation are not rendered more efficient citizens -thereby, but are hindered by the training they have undergone from -obtaining employment in industrial life. - -Subordination there must be before there can be combined action on the -part of men for any purposes, but there need not be senseless -subordination. In any iron-work, for instance, where men work together, -they each take their own and other men's lives in their hands daily. When -they are acting in concert a false step, a careless act, on the part of -anyone, may bring injury or death on himself and others; and they know -this and behave accordingly, or no work would be possible. For the -inefficient person there is no room, and when serious work has to be done -Gessler's cap has no place; there is only room for William Tell. - -Men discharged from the army find difficulty in obtaining employment. It -is not that they are worse men than their neighbours. It is because they -have received the wrong kind of training. Employers do not prefer others -to them from any absence of patriotism, but from a desire for efficiency. -They cannot afford in industrial occupations to have people about them who -have learned that it is "theirs not to reason why." They prefer those who -have been taught to use all the sense they have in dealing with their -work. In short, the person who during the most formative years of his life -has been employed industrially, makes a better workman than the man who -during these years has been taught to wait for the word of command before -he does anything. Yet we have people going all over the country trying to -convince their fellow-citizens that there is no salvation for us unless -all young men are subjected to a period of military training, apparently -in ignorance of the fact that those who have had that training have -difficulty in competing industrially with those who have none. It may be -true for other reasons, for purposes of defence, that we ought to learn to -shoot, though for my part I believe that most men are more likely to be -sick sometime in their lives than to be engaged in fighting with people of -whom they know nothing. That would seem to be an argument for their being -taught how to preserve and care for their own rather than how to destroy -somebody else's health; but Gessler's cap is still in the market-place, -and it is rude to say anything about it. Yet it is not the bonnet, but the -head that is in it, that matters in the long run. - - - - -CHAPTER VIII - -THE FAMILY AS MODEL - - The basis of the family not necessarily a blood tie--Adoption--The - head and the centre of the family--The feeling of joint - responsibility--The black sheep--Companionship and sympathy - necessities in life--Reform only possible when these are found-- - "Conversion" only temporary in default of force of new interests--The - one way in which reform is made permanent. - - -One great mistake made by those who consider social problems is that they -either regard man apart from his surroundings or as one of a mass, instead -of as a member of a family or group. Family life is the common form of -social life, and whatever its defects, it is the form that is likely to -persist without very great modification. The family is based on marriage, -and the parties married are not one in blood, though the children of the -marriage are. The family tie, therefore, is not solely a blood tie. The -members are brought up in a sense of mutual obligation and in the -knowledge of their interdependence. - -Occasionally adoption is a means of entering a family. When a person is -adopted early in life, it is difficult to perceive any difference in the -tie that binds him and the other members of the family. There is another -and a temporary adoption which is much more frequent than is generally -imagined, and the existence of which prevents a great many lads and more -girls from becoming destitute and from drifting into evil courses. In -Glasgow there are many young persons who, having no relatives of their own -with whom they can live, or the relatives being unwilling to take them in, -obtain lodgings and help from others. In the case of the girls, they pay a -portion of their earnings to the common treasury and give their services -in aid of the work of the household, being treated in all essential -respects as members of the family. Many of them are not earning a wage -sufficient to enable them to pay for lodgings at the ordinary rate; and it -is this arrangement that explains why so many who are in receipt of small -wages are able to live respectably, and do so. Attempts have been made to -provide hostels for such wage-earners, on this very ground that their -income is insufficient to enable them to hire a room with attendance; and -the hostels are frankly admitted to require charitable aid for their -upkeep, though they are in their management institutional; that is to say, -they aim at economy by the subdivision of labour. It never seems to have -occurred to those who appeal for funds to establish such places that the -girls in the majority of cases have solved the problem for themselves, by -what I have called, and what practically is, a kind of adoption; and that -their solution is the correct one--that the minority who have failed to -obtain adoption can be better helped by securing it for them, if necessary -by subsidy, than by bringing them together in an institution. - -A good many jokes have been made as to who is the head of a household--the -man or the wife; and the question is occasionally a subject of dispute; -but in the family authority tends to adjust itself. It can only exist when -there is mutual toleration and respect. Each member may be acutely -conscious of the shortcomings of the other and may discuss them freely, -but they all tend to unite against outside criticism, and if they are -aware of each other's demerits, they are equally sharp to recognise -qualities which help to their advancement. So that while one member may be -the head of the family, another may be the centre of the family. It is not -always either the father or the mother that exercises most influence in -the family council. These matters are determined by circumstances, and -when there is discord and disunion it is almost invariably due to a -disregard of natural aptitudes and tendencies in the children, and to an -insistence on parental rights in the narrow sense. - -The enforcement of mutual responsibility implies the recognition of mutual -power. The community in which we live is mainly made up of families. Yet -men are considered as individuals, legislated for, and supervised as -though this were not the case; and the authorities, instead of working -through the family on the individual, contrive to raise the family feeling -against them. The State is not an aggregation of men, but an aggregation -of families; and when men are considered in the mass they are considered -without relation to their usual surroundings. It has been pointed out that -the crowd takes on characters different from the individuals composing it, -but it is quite wrong to imagine that men have ordinarily to be regarded -as units in a crowd. Attempts are made to supervise men in masses; that is -what takes place in institutions. Individuals are supervised in certain -circumstances outside, but they are best supervised in conjunction and in -co-operation with the members of the family of which for a time they form -a part. - -If every family has not its black sheep, in most cases it has some one of -its members whose capacity is not equal to that of the others. In some of -the cases the direction in which the weakness is shown is one that leads -to breaches of the law. There are many children in every city who are a -great trial to their parents, and there are parents who sorely try the -patience and resources of their children. There are families who spend -care and effort to prevent one of their members from becoming worse than -he is and in endeavouring to lead him into better courses; but the -community does nothing to help them in their efforts until they drop their -burden or are compelled to relinquish it, when the authorities promptly -proceed to apply official methods of treatment. We have reached the point -where it actually pays the family financially to disclaim responsibility, -for the State will do all (even though it does it badly) or will do -nothing. It would be cheaper in every sense to help those who are trying -to bear their responsibility--who are willing, though their circumstances -make them unable--than to do as we have done; and acting on the ignorant -assumption of our own knowledge, wait until evil has developed so far as -to be unbearable and then put the evil-doer through our machinery. - -Unless the offender is brought into sympathetic contact with someone in -the community, who will enable him to resist temptation and encourage him -in welldoing, he never does reform. There are people who attribute the -change in their conduct to a conversion, sudden or otherwise, towards -religion. The more sudden the change in their mental outlook the greater -danger they are in; for the severing of an evil connection, though a -necessary step, is not all that is required. In a community such as ours a -man cannot stand alone. He cannot forsake his company and his accustomed -pursuits and become a hermit, living the life of an early Christian sent -into the wilderness. He has to remain in the world and live out his life -there. He must not only be converted from his former courses, but turned -to better courses. He cannot get on without company. He cannot even earn -his living alone; and the great advantage the convert has in our place and -time is the assurance that he will be supported by others of like mind -with him. They will find work for him and fellowship, and they fill his -time very full; but only in so far as good comradeship is established -between him and others is he likely to remain steadfast. Comradeship -deeper than the sharing of a common theological dogma and a common -emotionalism is the only security for his reformation. - -To the man whose life has been passed in sordid surroundings, whose work -has been monotonous and laborious, and whose pleasures have been gross, -the more emotional the form in which the religious appeal is presented the -greater its chance of success. He becomes filled with the spirit--a -different kind of spirit from that which has hitherto influenced his -actions--but the result is an excitement and an exaltation as pronounced -as any he felt in the days of his iniquity. No one can listen to the -convert at the street corner without being struck by the fact that while -he is detailing and perhaps magnifying the nuisance he was before his -regeneration, he is as much excited and makes as much noise as he did in -those days. In some cases his public behaviour makes little difference to -his neighbours, for he is no quieter than he was; though, instead of -sending them to hell as he did in his wrath, he now tells them that they -are going there. Of course there is a world of difference both to them and -to him as a result of the change in his outlook. His conduct is improved, -if his manner is not; but every period of exaltation is liable to be -followed by one of depression, and this is the danger to which his -emotionalism exposes him. - -The best way to prevent a man from falling back into his old habits is to -keep him too busy in the formation of new ones to have any time to turn -his attention to the past. We hear it commonly said that the way to hell -is paved with good intentions, but just as truly the way to heaven may be -paved with bad. If men are distracted from doing the good they intend by -something less worthy, they are as often prevented from doing the evil -they had concerted through something interposing and claiming their -interest. Religion, then, may be a very potent influence in starting a man -on a new course of conduct, and its spirit may inspire him to continue in -the way of welldoing; but his perseverance will depend far more than he -thinks on his adaptation to the company of the religious, and his interest -in their work and their lives. Almost as little will the love of good keep -him from the world, the flesh, and the devil, as the love of evil will -make him a criminal. - -For the most part men are not wicked because they prefer evil to good, but -because they have come under the influence of evil associations which -appeal to something in them. The man at the street corner who speaks about -serving God is, at any rate, logical when he talks about having served the -devil; but in those old bad days he did not consider the devil at all. He -did what pleased him best, quite apart from any desire to have the -approval of the Prince of Darkness. It is only after his conversion that -he discovers that all his life he had been serving Satan without -recognising him, and it is equally possible, surely, for men to serve God -without recognising the fact. It is just as possible for a man to do good -and to live well, without thinking of anything beyond his pleasure in -doing so, as to live wickedly from the same reason. In both cases the -fellowship of others has a great deal to do with the matter. - -There is only one method by which a prisoner is reformed, and that is -through the sympathetic guidance and assistance of some person or persons -between whom and him there is a common interest. An employer engages an -ex-prisoner and shows that he really desires him to do well. He must not -patronise him, but he has to impress in some way the person he would help -with the idea that he believes in him. He has to revive in him a feeling -of self-respect. How is this done? There is no convenient formula. The man -whose manner attracts one may repel others. Religion, which most -powerfully influences some, shows no power to attract many; and the man -who will be deaf to one form of appeal may respond to another. It is -simply foolish to assume that because our attempts to correct a man have -failed he is incorrigible. All we can say is that we have failed because -we have not been dealing with him in a way suited to him. Sometimes it is -an old acquaintance or a fellow-workman that impresses him and leads him -to a new interest in life. Whoever moves him, and however it may be done, -it is only a new interest that will expel the old. It never is what a man -is taught, but what he learns, that moves him. - - - - -CHAPTER IX - -ALTERNATIVES TO IMPRISONMENT - - What is required--The case of the minor offenders--The incidence of - fines--The prevention of drunkenness--Clubs--Probation of offenders-- - Its partial application--Defects in its administration--The false - position of the probation officer--Guardians required--Case of young - girl--The plea of want of power--Old and destitute offenders--Prison - and poorhouse. - - -If the present methods of treatment mainly result in the liberation of men -and women from prison in a condition that makes it difficult for them to -do well--sometimes more difficult than it was before they were sent -there--it follows (1) that no one should be sent to prison if there is any -other means to protect the public from him; and further (2) that no one -should be liberated from prison unless the community has some guarantee -that it will not suffer from him. In short, what happens to the prisoner -in prison is of secondary importance to the public. Of primary importance -is, what is likely to happen to them when he comes out. The first -consideration should be: How can you deal with people who have offended so -as to avoid making them worse and to ensure that they will behave better? -Unfortunately, one main concern of many is how they can make the culprit -suffer. One of the effects of retributive punishment is to make those who -undergo it less fit, physically or mentally, than they were before its -infliction. We must make up our minds whether we really desire to correct -the offender or not, and if we seek his correction we must be prepared to -throw overboard theories and practices which obstruct that end, whether -they are old or new. - -An examination of the reports of the Prison Commissioners for Scotland -will suggest to anyone that a good deal might be done to diminish the -number of committals to prison. According to the last report published -(1910), there were 46,466 receptions of prisoners under sentence. As some -were in prison more than once during the year, the number of individuals -represented is probably about 23,000, and of these 9775 were in for the -first time. Their sentences ranged from under one day to two years. There -were 39,036 sentences of a month or less, and of these 22,696 were seven -days or less; 7949 of that number being of three days or less. These -people have not much time to get accustomed to their quarters before they -are liberated; and if there were the means, there is neither the time nor -the opportunity to make any thorough enquiry into their dispositions and -way of living, with a view to help them. - -As for the nature of their offences, there were 14,644 committals for -breach of peace, disorderly conduct, etc.; 12,274 for drunkenness; 1982 -for obscene language, etc.; and nearly all these are offences inferring -drunkenness. Where did they get the drink? Apparently it was not from the -public-houses, for from the tables it does not appear that anyone was sent -to prison for breach of certificate. If the source of supply could be -discovered and cut off, or at any rate made to flow less freely, it seems -obvious that there would be a much smaller prison population. But is there -any good purpose served by sending people to prison for a few days? It is -true the streets are rid of them, but such as are habituals go out simply -revived by the rest and keen as ever for drink. I say the habituals, for -time and again these return with sentences of two, three, five, or seven -days. As for the casual offender, it would be far better to let him off, -when he cannot pay a fine, than to send him to prison, thereby causing him -to lose his employment and bringing him to bad company. In 1909 over -40,000 were sent to prison in default of paying a fine. Time to pay fines -benefits many, but there are those who are too poor to be helped by it. At -present a fine is imposed as an alternative to imprisonment; and as the -public is only assured of the culprit's behaviour for so many days, -positive gain, financially and otherwise, would result from placing him in -bond outside a prison. At present, if the fine is not paid, the absurd -condition of affairs is this: that a person fined in, say, twenty -shillings or twenty days may disappear and not pay the fine in the time -allowed him; three months after he may be found, arrested, and sent to -prison for this failure to pay. The sentence of the court amounted to -this: that if he paid twenty shillings he would be at liberty to do as he -pleased, but if he failed to pay he would have his liberty restricted for -twenty days at the public expense; they to be secure from misconduct on -his part during that time. He has behaved for three times that period at -no expense to the public; why, then, should their hospitality be forced on -him? As long as people will behave outside prison there is no sense in -sending them inside. Whether they are likely to behave can only be -discovered after a more exhaustive and a different kind of enquiry than -has hitherto been made in each case. - -Minor offences form the great majority of our committals, and drunkenness -is an element in most of the cases. If a man does not get drink to excess -he will not become drunk. Persons and premises are licensed for the -convenience of the public, and it is not for the public convenience that -anyone should be allowed to have a practically unlimited supply of liquor. -One of the troubles of the man that takes drink is that he is not in a -state to appreciate his own condition, and he is apt to imagine that he is -much more sober than he is. No respectable publican wants to make men -drunk; but he wants to make money out of his business, and beyond certain -limits he cannot be more particular than his neighbours. It is sometimes -very difficult to say when a man is drunk, but it is easy to tell when he -is not sober, and he is not entitled to the benefit of any doubt that may -exist. It ought to be the business of the vendor to refuse drink to a man -who has evidently had as much as is good for him. He may make mistakes, -but they will be on the right side if he has to pay for them. - -The very desire to prevent men being supplied with drink to excess has -resulted in making the law, with regard to the supply of drink to -intoxicated persons, something very like a dead letter. I have known a man -to be convicted for being drunk and incapable at a police court, and -though it was shown that he left a public-house in that condition after -having had several drinks there, when the publican was brought to the same -court on a subsequent date, to answer a charge of breach of certificate in -respect that he had supplied drink to a man who was drunk, the charge was -found not proven. The fine for such a breach of certificate would not have -been nearly so great as the cost of defending the charge; but a conviction -would have resulted in the endorsement of the licence, and might have -caused its withdrawal. Now as the man depended on the licence for his -livelihood, this was practically a sentence of death. In these cases the -magistrates are exceedingly unwilling to convict and in consequence -charges are seldom made. - -If the penalty inflicted in the police court did not result in a larger -penalty imposed by the licensing court, there would be less difficulty in -dealing with the licence holders; and if drunkenness is to be prevented -they must be dealt with. Of course a man may get drunk in a private house -or in a club; making it more difficult for him to become intoxicated in a -public-house would not prevent that; but even so, it would tend to keep -the streets free from disorder; and if a man will take more drink than he -can carry, it is alike better for his own health and for the public -convenience that he should do it in private. There have been many -complaints about clubs during recent years, and that some of them are vile -places there can be no question. The evidence given in the court as to how -these objectionable places have been conducted shows their character quite -clearly, but in the worst cases the very fact that such evidence was in -possession of the authorities is a grave reflection on their competence to -suppress disorder. In some cases the clubs were little better than dens of -thieves, to which half-intoxicated persons were lured to be robbed by -people whose character was well known to the police. Raiding them avails -little, but warning off those who would enter might avail much. Men in -uniform placed at the doors would act as a sign to warn the unwary. The -knave preys on the fool. Warn off his prey and he will starve. - -If through a subsidence or otherwise there is a hole in a street into -which a man might stumble and break his leg, the place is barricaded off -and a watchman placed there to warn the careless. Nobody would think of -leaving the trap open, even though a sufficient ambulance service were -provided to carry off the injured. When a place that is known to be a trap -for the foolish is discovered, on the same principle it might be -profitable to warn those who would enter it, rather than to wait until -they had suffered loss and then seek to seize and convict those who had -robbed them. There are more ways of closing an ill-conducted club than by -withdrawing its licence; but after all has been said, most of the -drunkenness that disgraces our streets has not resulted from the -consumption of drink either in private houses or in clubs, in spite of -what the trade may say to the contrary. Indignation against clubs on the -part of liquor-sellers is not due to zeal for temperance, but springs from -jealousy of their own monopoly. They seem to think that men should not -take drink unless they are permitted to make a profit in the process; and -it is just this question of profit that lies at the root of any effective -dealing with the matter. - -Our attempts to punish the drunkards are often ludicrous. It might not be -so ridiculous to try to get at those who make a profit off the drunkard. -He makes a loss; we make a loss; someone has profited. We punish him; we -punish ourselves; neither of us are profited at all. There is surely -something wrong here. Those who are incapable of taking care of -themselves, or who are disorderly in their conduct through drink, when -taken into custody by the police, might quite profitably be permitted to -go home when they are sober, unless their conduct is becoming a habit; in -which case some other method of dealing with them requires to be -considered. The disgrace of arrest will appeal as effectively to any -person with a sense of shame as proceedings before a magistrate would do. -When a fine--the cost of the trouble he has caused--has been inflicted on -such an offender, time for payment should always be allowed. A man will -never earn money in prison to pay the costs of his prosecution, but if -allowed to go about his business he may do so. Even if he can only earn -his living without paying a fine, behaving himself the while, he has done -more than it would have been possible for him to do in prison. - -There has been a strong tendency of late years to deal with persons coming -before the courts for the first time, even when the charge is regarded as -a serious one, in some other way than by sending them to prison. They are -put on probation for a period, and if nothing is known against them for -that time they are discharged. Probation rightly managed would solve the -problem of their treatment in the great majority of cases. Imperfect as -the method employed at present is, many have been benefited because under -it they have escaped imprisonment. It is most commonly adopted in the case -of those who have committed offences against property; yet if the -principle on which it can be justified--the principle of substituting -correction for punishment--were intelligently recognised, it would be -applied in all cases, no matter what the offence; provided the offender -was regarded as a suitable subject on consideration of his history and -character. At present the offence more than the offender determines the -sentence; and there is a greater likelihood of a person who has committed -a petty offence being put on probation, than there would be if in the eye -of the law the offence he had committed were regarded more seriously. - -The process is popularly described as giving the offender another chance. -It is a loose expression, which may mean anything. It sometimes does mean -giving him another chance to offend, and that is all. It is intended to -give him another chance to behave; and this assumes that he has already -had the chance; an assumption that is not always warranted if the facts -were considered. Clearly it is of no advantage to the public that an -offender should have a chance of again committing a breach of the law; and -if he is to be liberated from custody, it would be a reasonable proceeding -to see that he is placed under such conditions as would make it easier for -him to obey than to break the law. Putting him on probation ought not to -mean returning him to the conditions under which he failed to resist -temptation. Rather should it imply placing him under less unfavourable -conditions of life. What is actually done amounts to this, that the -offender, instead of being sentenced, on conviction, to imprisonment, is -ordered to appear in court after so many months, in order that his case -may be disposed of; and is allowed to be at liberty provided he consents -to live under certain conditions prescribed by the court, his conduct to -be reported on by a probation officer, whose duty it is to give him such -counsel and aid as is possible without expense to the rates. - -The probation officer may be a police official; not necessarily a police -officer, but under the control of the police. Now if there is one thing -that is more clear than another in Glasgow and other urban areas in the -West of Scotland, it is that the poorer classes are suspicious of the -police and the machinery of the law that masquerades in the name of -justice--for it is a burlesque of justice to examine only one side of a -case; to decide how far the individual is to blame for offending against -the laws of the community, without making any enquiry into the question -how far the community is to blame for inducing the offence; and this is -felt, if it is not clearly expressed, by all who are liable to transgress. -A tacit conspiracy against the officers of the law is not only apparent in -the case of the poorer classes, but in the case of all classes, when they -are brought into conflict with it. The old Roman father who sacrificed his -son to the laws, and whom we were asked to admire for his heroism when we -were at school, is not a common phenomenon. He has left few descendants, -which is probably a good thing. Now the father strives to shield his son; -the sister puts the best face on her brother's conduct; and the neighbours -would far rather condone the fault of the culprit than expose his -misdeeds. They feel that our methods are wrong whenever they come -intimately in contact with them, and they obey their instincts and -feelings; that is all. They can see that it is wrong, that it is foolish, -to interfere with a man to make him worse, no matter under what pretence, -when they know the man; although they will readily admit that you must -punish the offender whom they do not know. So the probation officer may be -misled into a wrong report regarding the person under his charge when that -person behaves pretty much the same as he did before he was first -arrested, the conditions under which he is living not having undergone any -material change. The probation officer has his hands full, having quite a -number of people to visit and report upon daily. These people being widely -separated from one another geographically, he is merely discharging the -duties of an inspector; and he cannot give individuals the attention -their cases may require in order to their improvement. - -Before a prisoner is discharged from the criminal lunatic department, the -authorities see that an approved guardian is provided for him outside. The -conditions on which he is allowed to be free are distinctly laid down, and -the guardian is given the same authority over him outside as the -attendants had when he was inside. If he breaks through any of the -conditions imposed on him the guardian may report his misconduct, when he -is liable to be brought back within the walls of the department. The same -thing may happen if complaints of his behaviour are made by neighbours or -associates. He has to be visited at intervals by some citizen of known -character and integrity, whose duty it is to certify that the patient is -fit to be free; and at unexpected times a medical officer from the -department may call and see him, his guardian, and others, in order that -there may be a reasonable security for the public. - -It has been said that there is too much fuss made over these cases, but I -doubt it. The public security is the first consideration, and there has -seldom been any cause given for complaint on the part of the prisoner so -liberated. He is not set free and left to return to the associations to -which he has reacted badly in the past. He is not left to struggle for -existence and probably to fall under the struggle. He is placed under -conditions which make it easier for him to do well than to do ill; and if -he will not conform, his rebellion is checked at the beginning. - -It is not the duty of his guardians and visitors merely to look for -evidences of his evil tendency. They have to help him to do well. These -guardians are usually people who, for some reason, have a friendly -interest in the man whose care they undertake. They are not paid for their -work--though they should be, if necessary, as it costs less to keep a man -outside than to keep him inside a lunatic asylum, and it is better to pay -people who have a personal interest in the subject of their care than to -pay those who have only an official interest in the persons with whom they -deal. - -Contrast this state of affairs with probation as it is worked. In the one -case the guardian is carefully selected and is not appointed to act, -however willing he may be, if there is not ground for assuming that he is -also able. In the other case it is assumed that the guardians who have -failed to exercise supervision over the offender will be better able to do -so when the culprit has appeared before a magistrate. In both cases there -are official visits to the prisoner discharged on licence, and in the case -of the offender on probation these visits are more frequent. - -In so far as the officer can do so, he tries to help the wrongdoer; but if -he has many under his charge the best will in the world cannot enable him -to do more than a little for each. This little is as much as is required -in many cases; and, imperfect as it is, the practice of the probation -system has been justified by a certain amount of success. Where it has -failed has been in those cases where the conditions laid down have been of -such a character that the offender is morally unable to conform to them. I -do not suggest that the conditions were in themselves unreasonable, or -that the standard of behaviour demanded has been too high judged by the -needs of the community, but only that the demand made on the offender was -greater than his circumstances permitted him to meet. - -X 32 was a girl under fifteen years of age, rather big for her years, -judged by the standard of the district in which she was brought up. She -was employed as a message-girl and stole money from her employers. In the -aggregate she appropriated a considerable sum before she was found out. -She was put on probation, broke her bond, and was sent to a reformatory. -Two questions arose from her conduct. (1) Why did she steal? and (2) Why -did she break her bond? As to the first question, the answer was quite -apparent. She wanted little things which she could not get and she took -the money to get them. Her peculations were not observed and they -increased. Indeed, on one occasion she spent such a large sum of money in -treating a party of school friends, that it is difficult to understand why -the tradesman who executed her order did so at all, seeing what she was. -It is one of the commonest things for young people to help themselves to -things that are not their own. It is rarely considered thieving except -they take money, or goods to sell; but dishonest appropriation of property -is so common, not as a continued practice, but as an incident in the lives -of young people, that I question if one of those who read this has not at -some time or another in his or her life been guilty of it. This is too -frequently forgotten, and if it were remembered as it ought to be children -would be treated more wisely than hitherto has been done. - -The girl in question was the eldest daughter of respectable working -people. Her conduct shocked them; but they were unfit to direct her, for -during the day her father was out working, and her mother had as much as -she could do to attend to her household and to care for her younger -children. The girl was sent back on probation to this home; a respectable -home, but a home where, in the nature of things, she could not receive -the care and guidance she required, having developed this propensity; and -she broke her bond simply because she was placed under conditions where -there was no reasonable probability of her keeping it. Accordingly she was -sent to a reformatory, at a cost to the community much greater than would -have been incurred had she been boarded out with the consent of her -parents under the care of some respectable person in the country, where -she could have been freed from the associations that had proved unsuitable -to her. - -Money may be had, through channels provided by Parliament, for placing -people in institutions, reformatory and otherwise; while the statutes do -not provide for expenditure in the way suggested. Accordingly the reason -assigned for not doing things which obviously might be done with profit -is, that there are no powers, enabling them to act in the way suggested, -in the hands of the officials. This, if it is an excuse for inaction, is -not a valid one everywhere. When the parents of a child are willing to -surrender their rights as guardians on cause being shown, and to allow the -young person who has offended to be placed under control of some suitable -person, all the power required is in the hands of the judge. - -It is recognised that parents, however respectable, may not be able to -give their children such attention as they may require should they -contract certain diseases; and there is seldom any difficulty in inducing -them to have their ailing child removed to an infirmary for treatment. On -the contrary, there are more who seek such treatment for their children -than can be accommodated. For want of a better term, what we may call a -moral ailment in a young person may as readily defy the resources of the -parents as any physical ailment could do; and there are many parents who -recognise the fact and would welcome assistance; but instead of helping -them we are content to wait until the offender gets worse, and then to -free the parent from all sense of responsibility and to make his position -more painful than it need be by placing the culprit in one of our -institutions. We may hope our action will do good, but the hope is not -founded on experience. - -There is no law that hinders the community from assisting the needy among -its numbers, although there may be no provision of funds specifically for -this purpose. Whatever may be the case elsewhere, in Glasgow want of money -is not the reason why things are not done. We have a large fund called the -Common Good of the Corporation. Of late years it has been swollen by -profits on the city's tramways to such an extent that a bonus, under the -name of a reduction of rates, amounting to some L40,000 in one year, has -been divided among the ratepayers. From this same fund banquets are -provided; receptions are paid for; medals are supplied to magistrates; and -all sorts of expenditure are defrayed for which there is no authority to -rate. A small sum relatively is granted in aid of scientific and -charitable organisations, and about L500 is contributed to assist -discharged prisoners. If money can be had to defray the cost of food, -drinks, and cigars, for those who are quite able to pay for them -themselves, and that without any special Act of Parliament, surely it -could also be had to prevent offenders becoming hardened in their -offences, and to assist those who are willing to undertake the work of -guiding and training them in right ways of living. Doubtless the money -will be found when it is realised that it is at least as important to the -city that people should be kept out of prison and helped to do well, as it -is that the eminent and notable among the citizens should occasionally be -treated from the corporation funds. - -How many could be assisted in this manner it is impossible to say, but so -far as can be judged a large proportion of those dealt with might be so -assisted at comparatively little cost. Whether the number be large or -small, however, it should be clearly understood that, the money being -there, if they are not helped, it is not for want of power nor for want of -means, but for some other reason. There are many things which the law does -not enjoin on the corporation; but there are many others that are worthy -which it does not prohibit those who are willing from doing; and if our -officials are to be encouraged to believe that they must do nothing to -help those who need assistance unless they get an Act of Parliament -authorising them to do it, we need not wonder if our rate of progress is -slow. The safe rule is to do the thing that needs doing, so long as there -is not a positive injunction against doing it. This will cause trouble, no -doubt, to the person who follows such a course of action; but I do not -believe that any public official who acts on this principle will fail to -receive public support and encouragement so long as he seeks to help -people to help themselves, whatever view those in authority may take of -his actions. - -We are too much bound by precedent. Appropriate action is sometimes -checked by the consideration that the thing proposed has never been done -before. Of course that is no reason for not doing it now; but it takes the -place of a reason in far too many cases. - -More interest is taken in proposals for dealing with the habitual offender -than in any others, although nobody is a habitual to begin with. He is -supposed to be the dangerous person. He is a professional plunderer; the -villain of the piece. But habitual offenders are not all great criminals. -There are those who live by stealing, having become more or less expert at -the business; but there are many offenders who, having become careless and -drunken, or who, being physically or mentally a little below the ordinary -standard of their class, are incapable of keeping a job even if they got -it. They are more a nuisance than a danger to their fellow-citizens. This -army of destitute persons should be dealt with by the destitution -authorities. Taken singly they are not difficult to control and direct, -and it would be cheaper and more profitable to have them planted out in -the country than to allow them to herd together in the cities, to be -successful neither in honest nor dishonest work, and serving as tools and -touts for the more skilful rogues. - -The most helpless among them are the aged and infirm, some of whom have -only become submerged late in life, and all of whom are quite unable to -extricate themselves from the morass into which they have fallen. Now they -are in the prison; now in the poorhouse. When they can avoid either of -these institutions they live in lodging-houses or on the streets, where -their misery is a reproach to our civilisation. They are not interesting; -they are only disgusting; and it has been proposed to shut them up in the -poorhouse, because they go in and out too frequently. - -Yet something might be learned from their point of view. They are sent to -prison because they commit petty offences. They are quite unfit to conform -to the rules of that institution and are not improved by residence there. -For a few days they are kept off the streets, but nobody pretends that -this could not be done more effectively and at less cost. If they prefer -the prison to the poorhouse, as is sometimes alleged, they do not prefer -the prison to the miserable and haphazard existence they drag out when -free; and as a matter of fact, when the weather becomes suddenly severe or -their ailments become more insistent, it is the parish, not the police, to -which they apply. They hope to be sent to a hospital. When they recover -sufficiently they are out again. May this not afford a presumption that -there is something wrong with the poorhouse? Is it reasonable to assume -that, having experienced all the bitterness and hardship due to their -poverty and destitution--that knowing they will be subjected to hunger, -rough usage, and exposure--they prefer to suffer these rather than trust -to the tender mercy officially meted out to them, and that they do this -through sheer cussedness? For my part, I do not believe that they are such -fools. If they prefer to forage for themselves, knowing the difficulty of -doing so, rather than live in the poorhouse, it is because, after -balancing the advantage and disadvantage, they have found that anything is -better for them than life in that glorious institution. To anyone who has -lived there, there is no ground for surprise that they should adopt this -conclusion. - -In the prison a man may have too much privacy. In the poorhouse there is -none at all. The inmates having nothing in common but their misfortune, -poverty, and destitution, are housed together and live a barrack life. -Some attempt is made to classify them, as though you could sort out -people, in ignorance of their temperaments and tastes, by their record as -disclosed to an inspector. In our own experience people sort out -themselves. In any church or club you get people of the same age and of -similar good character. They can all be civil to one another if they meet -occasionally, but set any half-dozen of them to live together with no -relief from each other's company, and there will be rebellion inside a -week. - -In the poorhouse the inmates have to suffer one another during the whole -time of their stay. Some of them rebel and leave the place, even though -they know that they will be more uncomfortable outside. They at least have -a change of discomfort. Surely the money spent in chasing them and in -keeping them would yield a better return if they were boarded out in -comfortable surroundings, where during the few remaining years of their -pilgrimage they might get fresh air and some space to move about in. Their -very feebleness makes their custody less difficult, and it is no profit to -them or to us to make it more arduous than it need be. If it be objected -that this would be treating them better than the "deserving poor," that is -only to remind us of the shameful way in which we have neglected those to -whom we give that name. The "deserving poor" are the uncomplaining poor; -and so long as they do not complain their deserts are likely to be -disregarded, even when quoted as a reproach to those whose behaviour has -attracted our censure. - - - - -CHAPTER X - -THE BETTER WAY - - The offender who has become reckless--If not killed they must be - kept--The failure of the institution--Boarding out--At present they - are boarded out on liberation, but without supervision--Guardians may - be found when they are sought for--The result of boarding out - children--The insane boarded out--Unconditional liberation has - failed--Conditional liberation with suitable provision has not been - tried--No system of dealing with men, but only a method--No necessity - for the formation of the habitual offender--The one principle in - penology. - - -If our courts of first instance were places where more exhaustive -enquiries took place and greater consideration were given to the needs of -the cases coming before them; if the aged and destitute were cared for and -prevented from offending; if minor offenders were either liberated on -their own promise of good behaviour or that of their friends; if people -were put on probation under conditions that gave them a favourable chance -of conforming to the laws; there would still be a number to whom such -treatment could not be applied. - -There are some people who are not fit to be at liberty. They are so -reckless of their own interests and the interests of others that, when -uncontrolled, they become a danger. Some of them are insane, and the -lunacy authority should attend to them. Others, through indulging their -temper, are in the way of becoming insane; but their mental unsoundness -is not so marked as to cause the lunacy specialists to certify them. That -is no reason why it should not be recognised. At present they annoy those -around them with more or less impunity until they attain to the ideal -standard of insanity, in the process of their graduation paying visits to -the prison. There is no reason why they should not be dealt with from the -beginning. There is only precedent taking the place of reason. - -They are unfit to be at liberty without supervision, because they are not -capable of self-control; but many of them could be trained in the habit. -At present they are allowed to run wild for a time and then severely put -down. Their life alternates between periods of riot and periods of -repression, and their natural unsteadiness is intensified. If they knew -that the period of riot had definitely ceased--that they were not again to -be allowed to do what they liked if it implied harm to others--they would -set about to control the temper that is in danger of finally controlling -them. - -They boast of being able to stand our punishments, and even invite them; -they might as easily be trained to qualify for our rewards had we any to -offer. They may be brutal and sometimes are, though brutality is no longer -a common characteristic of prisoners in prison; but it does not follow -that, bad as some of them may appear, they are incorrigible. Their conduct -and reputation make it difficult to obtain guardianship for them. What can -be done with them? If they are liberated at any time they are a menace to -the safety and the comfort of the citizens. It is because some writers -have recognised this that they suggest the lethal chamber as a suitable -place for them. It is a bold thing to propose the wholesale killing of -other people except in name of war, and if there were any danger of the -proposal being adopted it is not at all likely that it would be made. It -is designed to shock us, and it fails to do so because we think we know -that it will not bear discussion. As a matter of fact, at present we -destroy the lives of these people in another way. Instead of curing them -of their evil propensities we twist them still further, and kill any sense -of public spirit in them as effectively in the process as we could do if -we suffocated them. If they were put in the lethal chamber that would be -an end to them. As it is, we have to set apart respectable citizens, not -to make them better, but simply to watch them marking time before engaging -in another period of disturbance. - -If they are not killed they must be kept. We have got past the killing -stage. It is time we adopted a more rational way of keeping them. Either -they have to get out some day, or they have to be imprisoned till their -death. In the latter case we need not trouble about them beyond seeing -that they are not harshly treated, and that those over them do not develop -in some degree the qualities condemned in the prisoner; but if they have -to come out again it behooves us to see that they are not set free in a -condition that makes them less able to conform to our laws than they were -when we took them in hand. Otherwise all we have gained by their -incarceration is the privilege of keeping them at our expense. - -As all institutions have this in common, that the longer a man lives in -them the less he is fitted to live outside, it follows that the shorter -time a prisoner is cut off from the ordinary life in the community the -less chance there is of his developing habits which will be useless to him -on his return. The system of shutting people up for longer or shorter -periods, and then turning them loose without supervision of a helpful kind -and without provision for their living a decent life outside, is quite -indefensible and has utterly failed in practice. - -A prison ought merely to be a place of detention, in which offenders are -placed till some proper provision is made for their supervision and means -of livelihood in the community. If this were recognised existing -institutions would be transformed. Those who refuse by their actions to -obey the law of the community, and to live therein without danger to their -neighbours, would as at present be put in prison; but they would not be -let out except on promise to remain on probation under the supervision of -some person or persons until they had satisfied, not an institution -official, but the public opinion of the district in which they were -placed, that the restrictions put on their liberty could safely be -withdrawn. The prison in which they would be placed would not be a -reformatory institution where all sorts of futile experiments might be -made, but simply a place of detention in which they would be required each -to attend on himself until he made up his mind to accept the greater -degree of liberty implied in life outside. The door of his cell would be -opened to let him out when he reached this conclusion; but it would not be -opened to let him out, as at present, to play a game of hare and hounds -with the police. Alike in the case of the young offender and the old, the -only safety for the citizens and the only chance of reformation for the -culprit lie in his being boarded out under proper care and guardianship in -the community. The proper guardian for one person would not be proper for -another. At present the same set of guardians--the prison officials--look -after all kinds of people who have offended. - -The first objection which proposals such as these meet is that it cannot -be done. There are a great many people who use this expression when their -meaning really is that they cannot do it. There is a difference. Not only -can offenders be boarded out, but they are and always have been boarded -out. Whenever a man leaves prison he has to board himself out. I do not -propose to let loose on the community any more offenders than are let -loose at present. Indeed, I do not propose to let any of them loose at -all, but simply to do for them, in their own interest and that of their -neighbours, what they are doing for themselves to the great loss of us -all. When any one of them does reform at present it is only by one way; -either he has the necessary supervision from the friends religion has -brought him, or an employer has taken an interest in him, or a -fellow-workman has given him help, or some friendly hand has guided him. -In no case do we give the guardian any control over him; in no case do we -pay the guardian for time and work spent. I propose that we should give -the power and the pay which are at present given to official persons in -prison to unofficial persons outside prisons; in the reasonable hope that -the money would be better expended, and in the full assurance that the -results would not be worse. - -Where are the guardians to be found? They are to be found in all parts of -the country when search is made for them. The thing cannot be done -wholesale. I do not suggest that the prisons should be emptied in a day. I -merely indicate a mark to be aimed at and plead for an effective -interference in place of the present ineffective interference. Putting it -another way, are there no cases in which this procedure could be adopted? -There are many; there are no cases in which it could not be adopted if you -had the guardians looked out, but that takes time. It would be foolish, -even if it were possible, to wait until you could treat every offender -before treating any. It would be wise to begin and treat as many as -possible in this way at once. It is not a question of finding so many -thousand men to look after so many thousand; it is merely the question of -finding one man to guide and supervise another man, the people in the -district being the critics and the judges of his success. - -At one time, in this part of Scotland, the children of paupers and of -criminals, and the orphans of the poor, were brought up in numbers in the -poorhouse. They acquired characters in common that marked them off from -children outside. When they grew out of childhood, and were turned out in -the world to work and to live, many of them gravitated back to the -institution or to the prison. It occurred to someone that what these -children required was proper parents; and one was boarded out with a -family here, and another with a family there, at less cost to the parish -than had been incurred in keeping them in the poorhouse. Thousands of -children during the last generation have been boarded out in this fashion -to their great advantage in every respect; and their after-conduct has -been as good--they have been as decent and law-abiding citizens--as the -children of any other class in the community. This moral and social gain -has been accomplished at less financial cost than that incurred by -bringing them up in institutions. It was said that the institution child -had been handicapped because of the stigma of pauperism, but the -boarded-out child is equally a pauper in respect that he is supported by -the rates. The fact is that the stigma from which the poorhouse child -suffered was not the stigma of pauperism, but the stigma of -institutionalism. - -When the public conscience was stirred regarding the treatment of the -insane, great buildings were erected and lavish provision was made for the -lunatic. To these places thousands were sent for treatment. By and by it -became manifest that in many cases their latter condition was worse than -their first. They were better housed, better fed, better clothed, and -better cared for; they were protected from the cruelty of the wicked and -the neglect of the thoughtless; but they acquired evil habits from each -other, and they infected some of their attendants with their vices. Here -and there suitable guardians were found for one and another of those whose -insanity was not of such a kind as to make it necessary in the public -interest that they should be confined to an institution; and now, in -Scotland, between five and six thousand are boarded out. That in some -cases mistakes are made no one denies; but the cases are few, and on the -balance there has been an enormous advantage to everyone concerned. - -It has become apparent that not only the inmates of institutions acquire -peculiarities which mark them off from persons living outside, but the -officials who live in these places also tend to develop eccentricities, -and there are proposals made with the object of preventing them from -living in; the idea being that the more they are brought in contact with -life outside the less they are likely to become narrowed in their views -and their habits, and the better they will be able to do their work in -such a way as would commend itself to the public whom they serve. - -If people can be had who are willing for a consideration to take charge -of lunatics, and to fulfil their charge to the satisfaction of the public, -it is not unreasonable to suppose that on suitable terms guardians could -be found for persons who have offended against the laws, and who cannot be -expected to refrain from offending if returned to the surroundings which -have contributed to their wrongdoing. The criminal may be presumed to have -a greater sense of responsibility than the insane person, and to be more -able to take a rational view of his position. In any case, it should never -be forgotten that so far as the public is concerned there are only two -ways of it; unless, indeed, we are prepared to kill the criminals or to -immure them for life. They must either be liberated, as at present, -without provision being made for their welldoing, and without guarantees -being taken for their good behaviour, even if opportunities were provided; -or they must be liberated on condition that they remain under some form of -supervision and guardianship. - -Unconditional liberation has ended in disaster to all concerned. -Conditional liberation can only be expected to produce good results if the -conditions are reasonable. They must confer in every case the maximum -amount of liberty consistent with the security of the public; and the -final judges must be the public themselves. The offender should work out -his own salvation, and show that he deserves to have all restrictions -removed before they are removed. If he is merely required to do so under -highly artificial conditions within the walls of an institution, he will -soon learn how to get round the officials there. His conduct in the -institution can afford no means for judging what his behaviour will be -outside under entirely different conditions. Inside he has no choice but -to obey. Outside he has to think and act for himself, and has -opportunities of acquiring new interests and of learning habits which are -likely to persist because they are those of his fellow-citizens who are -free. - -All sorts of systems have had their trial in dealing with the offender. It -has always been recognised that it was necessary to remove him from the -place where he had offended. He has been transported to other lands, there -to begin a new life; but the conditions under which the operation was -carried out were appalling. He has been placed in association with other -offenders, and left, with very little supervision, to become worse or make -others worse. He has been placed in solitary confinement; cut off from -company of any sort; with the result of wrecking his mind as well as his -body. At present he is separated from his fellows, but he has no -opportunity to come in contact with healthy social life. One system has -broken down after another. All systems have failed to deal with him -satisfactorily. - -There can be no system, but only a method; and that, the method adopted by -the physician in dealing with his patient. When he has satisfied himself -that the man who comes to him for advice is suffering from a certain -disease, he enquires into the past history, the habits and pursuits, and -the social condition of the patient; and on the information gained -considers his treatment. The course of conduct prescribed for one person -may be quite unsuitable for another, although both suffer from the same -complaint; and the wise physician knows that he cannot leave out of -account the opinion of the patient himself as to what should be done. It -is just so with the offender. In many cases he is best able to tell what -should be done for him; and provided it is not something that would -result in harm to the community there is no reason why his opinion should -not be considered, but every reason why it should. The expert may know a -good deal about the offender, but it has been proved over and over again -that he does not know how to reform him; for he has been given ample -opportunity, and his prescriptions have ended in failure. The official -person is apt to imagine that he and his methods should be above -criticism. His office has been magnified for so long that he honestly -believes it is necessary that it should be maintained in the interests of -the public. No institution can be created which will not result in the -formation of vested interests in its continuance; and yet every -institution must be judged by its results, and not by the opinions of -those who are set to manage it. - -With the improvement in the social condition of the people; with an -increase in the minimum standard of living; with the abolition, or even -the mitigation, of destitution, the whole complexion of things would be -altered. That changes in these directions will occur there is every reason -to suppose, but meanwhile many fall by the way and many take the -opportunity to grasp an advantage to the loss of their neighbours. Under -any social condition offences may occur. Whatever laws we make there may -always be law-breakers. A man may become possessed by jealousy or wrath -and injure his neighbour, or from envy or greed may rob him, but he can -only acquire the habit of doing so with our permission. If he is checked -at the beginning and placed under control, he will not acquire that habit. - -Our present methods have not prevented the growth of the habitual -offender, and they have not been designed to help those who have gone -wrong to reform. The great defect in all our systems is that they are not -based on a recognition of social conditions as they exist. Most men can -and do behave under supervision, and that supervision in many cases could -be made as effective outside an institution as inside one. Men prefer a -greater to a lesser degree of liberty. At present they have more than one -choice. They may conform to our laws and go free; or they may break our -laws in the knowledge that if they are caught, on payment of a penalty -either in money or in time, they may resume their wrongdoing once more. -The habitual offender continues to offend because he prefers to risk -imprisonment and live in his own way rather than accept the humdrum, -peaceful life of his law-abiding neighbour. When he finds that there is no -question of pay in the matter, but that he is simply offered the choice of -good behaviour outside of prison, or incarceration within a prison, he -will begin to review his position. - -There is only one principle in penology that is worth any consideration; -it is to find out why a man does wrong, and make it not worth his while. -There is nothing to be gained by assuming that individual peculiarities -may be disregarded, and there is everything to be lost thereby. If we -would make the best of him we should restrict the liberty of the offender -as little as possible consistent with the well-being of the community, and -enlarge it gradually as reason is shown for doing so. We cannot injure him -without injuring ourselves, and we ought to set about to make the best -rather than the worst of him. - - -THE END - - - - -INDEX - - - - -INDEX - - - A - - Adolescence, 131 - - Adoption, 304 - - Agents for the poor, 204 - - Alien, criminal, 100 - - -- immigrant, 98 - - Ancestors, difficulty of tracing, 19 - - Apprenticeship in institutions, 297-300 - - Assistance to parents, 120, 125, 307 - - Averages, 15 - - - B - - Blind alley occupations, 130 - - Boarding out of children, 334 - - Boarding out or boarding in, 336 - - Boys' amusements, 121-30 - - Boys and adventure, 126 - - Boys and theft, 124 - - Boy labour, 130 - - Boy, rebellious, 118 - - Boy recreation, 128 - - Boy Scouts, 128 - - Boy trader, 133 - - Boy, truant, 119 - - - C - - Cases, illustrative, 26, 27, 29, 33, 34, 37, 38, 39, 42, 54, 59, 71, 74, - 77, 80, 81, 92, 104, 118, 119, 143, 144, 145, 146, 151, 152, 155, - 201, 254 - - Cells, police, 195 - - Cells, prison, 222 - - Cells, punishment, 233 - - Centralisation of prison management, 210 - - Chaplains, prison, 218, 233 - - Charity, 268 - - Chastity and general conduct, 158 - - Children's courts, 122, 125 - - Children, cruelty to, 56 - - Churches and the immigrant, 97 - - Civil prisoners, 254 - - Civil servants, ability of, 214 - - Compulsory feeding in prison, 245 - - Concealment of pregnancy, 155-7 - - Conduct, loose, in some districts, 157 - - Confinement, solitary, 229-31, 337 - - Control of prostitutes, 159 - - Conversion, 307 - - Convicts, 255 - - Courts, children's, 122, 125 - - Courts, higher, 206-9 - - Courts, police, 198-203 - - Crime and character, 8 - - Crime and city life, 109, 110 - - Crime and social inequalities, 103 - - Crime and vice, 10 - - Crime and women's wages, 149 - - Crime in relation to drink consumed, 62 - - Criminal, alien, 100 - - Criminal class, 11 - - Criminal, habitual, 11 - - Criminal, indictments, 207 - - Criminal lunatics, supervision of, 320 - - Criminal, notorious, 12 - - Criminal statistics, 14 - - Criminals and offenders, 7 - - Criminals, conduct of, modified in prison, 5, 6 - - Criminology, pseudo-, science of, 13, 14 - - - D - - Dancing clubs, 142 - - Deaths in prison, 251 - - Debt, imprisonment for, 254 - - Defective and the police, 37 - - Defects of probation system, 317-24 - - Density of population and crime, 79 - - Destitute child, the, 74 - - Destitute, dilemma of the, 72 - - Destitution, 68, 69, 70 - - Destitution and theft, 70 - - Destitution through age, 74 - - Diet in police cells, 196 - - Diet, prison, 223-4 - - Discharged Prisoners' Aid Societies, 261 - - Discharged prisoners and police, 260 - - Discharged prisoners and their helpers, 262 - - Discharged prisoners, demands on, 263 - - Discipline, 301 - - Doctor and patient, 245 - - Domestic servants, 153-5 - - Drink and child neglect, 56 - - Drink and crimes against the person, 53 - - Drink and cruelty, 54 - - Drink and malicious mischief, 58 - - Drink and passion, 54 - - Drink and personality, 53 - - Drink and petty offences, 52 - - Drink and poverty, 68 - - Drink and the professional thief, 60 - - Drink and pugnacity, 54 - - Drink and sexual offences, 56 - - Drink and social condition, 64 - - Drink and social evils, 51 - - Drink and theft, 59 - - Drink inducing assault, 54-5 - - Drinking clubs, 315 - - Drink in the country, 62 - - Drink in the town, 63 - - Duration of control for young offenders, 286 - - - E - - Education and quackery, 162 - - Exercise in prison, 242 - - Executioner and surgeon, 171 - - Exemplary punishment, 135, 179 - - Expiation, 178 - - - F - - Faculty and its exercise, 22 - - Faculty and position, 20 - - Fallen women, 263-4 - - Family history, 21 - - Family life, 304 - - Family responsibility, 307 - - Feeding, compulsory, 245-9 - - Fellowship, 88, 115-6, 308-10 - - Fines, 176-8, 317 - - Fit, the, and the unfit, 19 - - Flogging, 171 - - Football, 129 - - - G - - Gambling and theft, 105 - - Gambling, prosecutions for, 108 - - Gambling, the Church and, 107 - - Gambling, the Press and, 107 - - Girl of the slums, 148 - - Girls and sexual offences, 151 - - Government by clerk, 295 - - Gratuities to prisoners, 231 - - Gulf between visitor and prisoner, 236 - - - H - - Habits formed in prison, 259 - - Habitual criminal, 288 - - Habituals under license, 296 - - Heredity, 17-23 - - Heredity and original sin, 22 - - Hire-purchase trading, 254 - - Homes for Offenders, association in, 269 - - Homes for Women, 265 - - Hooliganism, 135 - - Hospitals, prison, 243 - - - I - - Imitativeness of girls, 148 - - Immigrant, alien, 98 - - Imprisonment, effect of, 269-70 - - Incorrigible and incurable, the, 168 - - Inebriate Homes and their inmates, 272-3 - - Inebriate Homes, defect of, 278 - - Inebriate Homes, failure of, 275 - - Information, official, 47 - - Insane, boarding out of, 335 - - Insanity and drink, 34 - - Insanity and embezzlement, 29 - - Insanity and fire-raising, 26 - - Insanity and murder, 31-3 - - Insanity and responsibility, 24 - - Insanity and theft, 26 - - Insanity, crimes suggestive of, 31 - - Insanity escaping notice, 28 - - Insanity inducing crime, 26 - - Insanity resulting from criminal indulgence, 33 - - Institution and family life, 283 - - Institution habits, 282 - - Institution, stigma of, 335 - - Institutions, common interests of inmates of, 279 - - Institutions, military model of, 279 - - Interest, personal, 48 - - - J - - Jealousy and crime, 145-7 - - Jury, Scottish, 209 - - - K - - Knowledge and experience, 138 - - - L - - Labour, limitation of hours of, 131 - - Law, administration of, 113 - - Law and conduct, 8 - - Law and locality, 9 - - Law, the, and the poor, 85 - - Law, ignorance of, 90 - - Law, inability to obey, 90 - - Law, respect for, 181, 319 - - Lectures in prison, 241 - - Lethal chamber, 168, 330 - - Liberation, conditional, 336 - - Liberation, prisoner on, 258 - - Liberation, unconditional, 336 - - Library, prison, 240 - - Licensing, 314-316 - - License, spirit, penalties for breach of, 314 - - - M - - Medical man and prisoners, 5 - - Medical officer, prison, 218, 251 - - Medicine and quackery, 162 - - Mental defect and destitution, 37 - - Mental defect and responsibility, 36 - - Mental defect resulting from indulgence, 39 - - Mental defect and theft, 37 - - Mental development, unequal, 35, 132 - - Mentally defective, 35 - - Mental faculty and social stress, 36 - - Mental incapacity and child neglect, 56 - - Method, practical, 337 - - Migration of town workers, 87 - - Migration from the country, 96 - - Minor offences, 312 - - Murder and the death sentence, 31 - - Murder, the element of accident in, 32 - - - O - - Obedience, 301 - - Obscene language, 92 - - Occupations, blind alley, 130 - - Offenders, first, 9 - - Offenders, guardianship of, 333 - - Offenders, habitual, 287 - - Offenders, minor habitual, 313, 327 - - Offenders, occasional, 313 - - Officials, public supervision of, 113, 212, 249 - - Official utterances, 275 - - Overcrowding, 79, 80 - - Overcrowding and assaults, 83 - - Overcrowding and increase of regulations, 88 - - Overcrowding and sexual offences, 82 - - - P - - Pain and vitality, 175 - - Parent and child, 119, 120, 123 - - Parents, assistance to, 125 - - Parliament, helplessness of, 111 - - Paternity in concealment cases, 157 - - Paupers, boarding out of, 334 - - Penalties, 178 - - Penalties, inequality of, 176, 177 - - Penalties, multiplication of, 88 - - Permanent officials, 113, 212, 249, 274 - - Pernicious literature, 126, 127 - - Personal service, 115 - - Physical defect and crime, 41 - - Pleas of insanity, 32, 208 - - Pleas, special, 208 - - Police and the defective, 37 - - Police and discharged prisoners, 260 - - Police and local conditions, 191 - - Police and military models, 190 - - Police and public, 189 - - Police casualty surgeon, 197 - - Police cells, 195, 196 - - Police courts, 91, 198-202 - - Police court assessors, 200 - - Police courts, country, 90, 206 - - Police courts, summary work of, 202, 203 - - Police, difficulties of, 195 - - Police, duties of City, 91 - - Police efficiency, 191 - - Police force inspection, 190 - - Police judges, 198-203 - - Police judges, appeals from, 199 - - Police, multifarious duties of, 189 - - Police pay, 190 - - Police persecution, 260 - - Police prosecutors, 198 - - Police station, 194 - - Police, transference of, 192 - - Political action, 111, 112 - - Poor, the, and the law, 84 - - Poverty and crime, 67, 78 - - Poverty and crime against the person, 82 - - Poverty and drink, 68 - - Poverty, the praise of, 108 - - Preventive Detention Committees, 293 - - Preventive detention, rules for, 289 - - Prevention of Crimes Act, 1908, 284 - - Prison and military government, 4 - - Prison and poorhouse, 327 - - Prison, assaults in, 232 - - Prison cells, 222 - - Prison chaplain, 218, 233 - - Prison clothing, 224 - - Prison Commission, 211 - - Prison, deaths in, 251 - - Prison diet, 223-4 - - Prison exercise, 242 - - Prison, general plan of, 221 - - Prison governor, 217, 231 - - Prison habits, 259 - - Prison hospitals, 243 - - Prisons, inspectors of, 211 - - Prison lectures, 241 - - Prison library, 240 - - Prison matron, 217, 225 - - Prison medical officer, 218, 251 - - Prison offences, 232 - - Prisons, Parliamentary supervision of, 212 - - Prison, proper function of, 332 - - Prison punishments, 232 - - Prison routine, 220 - - Prison rules, 213 - - Prison Visiting Committee, 215-7 - - Prison warders, 219 - - Prison work, 226 - - Prison workshops, 228 - - Prisoner and doctor, 244 - - Prisoners and enquirers, 45 - - Prisoners and their friends, 47 - - Prisoners and police persecution, 260 - - Prisoners and recreation, 241-2 - - Prisoners and religion, 238 - - Prisoners and religious visitors, 235 - - Prisoners and visitors, 45, 235, 252 - - Prisoner's attitude towards visitor, 236 - - Prisoners, civil, 254 - - Prisoners, classification of, 5 - - Prisoners, common characters of, 11, 13 - - Prisoners' complaints, 233 - - Prisoners' gratuities, 231 - - Prisoners, ideals presented to, 237 - - Prisoners, insane, 24 - - Prisoners' language, 46 - - Prisoner on liberation, 258 - - Prisoners, sick, 244 - - Prisoners' statements, 44-7 - - Prisoners under death sentence, 167 - - Prisoners untried, 252 - - Prisoners, visits to, 45, 231, 235, 252-3 - - Probation of offenders, 317 - - Probation system, 318 - - Procurator Fiscal, 207 - - Property, supervision of, 110 - - Punishment, arbitrary, 172 - - Punishment, capital, 167-70 - - Punishment cells, 233 - - Punishment, corporal, 170 - - Punishment, deterrent, 179 - - Punishment in the past, 164 - - Punishment of children, 174 - - Punishment, retributive, 165 - - - Q - - Quackery, 163 - - - R - - Recreation, public, 86 - - Reform, the only method of, 337 - - Religious atmosphere, 269 - - Religious visitors, 235 - - Right and wrong, 138 - - - S - - Secretary of State and prisoner, 291 - - Secretary of State, multiplicity of duties of, 292 - - Self-deceit in criminals, 106 - - Senile changes and crime, 139 - - Sentences, short and long, 257 - - Servant, domestic, temptations of, 154 - - Service, domestic, conditions of, 153 - - Sexes, attraction by opposite, 141 - - Sexes, relative position of, 140 - - Sheriff Courts, 203-6 - - Sheriffs, 203-6 - - Sick prisoners, 244 - - Slum, the, 82-5 - - Social ambition and dishonesty, 104 - - Social inequalities and crime, 103 - - Social intercourse, 87 - - Social jealousy and distrust, 104 - - Social opinion and conduct, 182 - - Social questions, quackery in, 163 - - Social stress and mental faculty, 36 - - Spirit of the crowd, 136 - - Statistics, criminal, 11-4 - - Street trading, 133 - - Subordination, 302 - - Supervision of permanent officials, 113, 212, 249, 274 - - System of probation, 317 - - - T - - Theft and malicious mischief, 58 - - Trades, teaching of, 297 - - Treatment, rational principles of, 164 - - - U - - Unemployed workmen, decadence of, 73 - - Untried prisoners, 252 - - - V - - Vice and crime, 10 - - Visitors' attitude towards prisoners, 236 - - Visitors, religious, 235 - - Visits to prisoners, 45, 235, 252 - - - W - - Warders, assaults on, 232 - - Warrior and worker, 166 - - Widows and orphans, 112 - - Women and bigamy, 159 - - Women and theft from the person, 144 - - Women and standard of living, 150 - - Women as decoy, 145 - - Women as wage earners, 149 - - Women, fallen, 263-4 - - Women offenders, 144, 263 - - Women offenders, help for, 264 - - Women offenders, position of, 265 - - - Y - - Young offenders and license, 286 - - Young offenders, incorrigible, 287 - - Young offenders, reform of, 284 - - - -***END OF THE PROJECT GUTENBERG EBOOK THE CRIMINAL & THE COMMUNITY*** - - -******* This file should be named 43986.txt or 43986.zip ******* - - -This and all associated files of various formats will be found in: -http://www.gutenberg.org/dirs/4/3/9/8/43986 - - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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