RATIONALE OF PUNISHMENT. TO TICE EDITOR OF THE SPECTATOR.
London, 27th December.
SIR—In last week's Spectator, (23d December,) you published a hasty letter from me in reference to your comparison of a gaol to a hospital. Will you now permit me to complete the view that I there took of punishment, by answering the questions which you combined with that comparison? These questions were to the following effect-1. On what principles is it antici- pated that the Mark system will wean from all criminal habits and tendencies, whatever their source or aspect, when it does not profess to study or accommodate itself to the different causes of crime, or characters of criminals? 2. Why, if its object be as alleged, in every case the reform of the individual criminal, does it recommend severity of treatment, when the balance of evidence is much in favour of the greater reformatory influence of kindness? And 3. On what principle can it be explained that reformatory discipline is usually found more "deterring," (preventive of crime,) both in the criminal and others, than that which is vin- dictive or exemplary ?Op each of these heads I shall only offer a few words. 1. If we look abroail'Otbsociety, we Sod uniformly that misfortune of a kind which stimulates to vOleitary exertion and self-denial, however grievous and hard to be borne at the moment, yet in the end improves and invigorates charac- ter, and leaves lasting traces of its beneficial influence; while, on the contrary, a misfortune that is irremediable, and cannot be struggled with, but must be im- plicitly submitted to, is either soon forgotten, the mind instinctively turning away from its contemplation, or if brooded over enfeebles it. It is on this analogy, then, that the Mark system is founded. It dues not, any more than the current of ordinary life, bend to particular causes of evil or varieties of individual character. This were impossible even if desirable; and would not be advanta- geous were it possible. It would take away all appearance of certainty from pa- mshment; and while it would make every prisoner dissatisfied with his own al- lotment, and envy that of his neighbour, it would lead administrators into con- stant error and injustice, and even when they were right in their estimate; would much oftener minister to weakness than elicit strength. But the Mark system, copying the wisdom of Providence in society, would make individuals bend to it not itself bend to individuals. Unyielding in its requirements, it would restrain the impetuous, strengthen the feeble, stimulate the idle, and give a new direc- tion to the activity of the dissolute. Makiog liberation from punishment, when once incurred, the result exclusively of good.conduct under it, it would create new and improved habits in all. The tendency to murder,, to take your own exam- ples, would be checked by the habitual practiceA Self-Command on minor provo- cations; and that to anticipate the fruits of in iii fraud, by a steady expe- rience for a length of time of substantial benefit' to attained only by industry. In cases of reformation it is the first step that is alwayri the most difficult: and if this is made only under physical compulsion, without the will being also gained, the rebound from it is in direct proportion to the duration and severity of its en- forcement. But if it is taken under a moral motive, as when a strong interest is identified with it, the mind becomes gradually reconciled to it, and fellows the bent thus given, even when the immediate impulse is removed. All experience confirms this statement; and it is precisely the condition supplied by the Mark system, when it makes liberation from puffisffinent exclusively contingent on the exercise of steady exertion and self-command while under it. 2. And whatever the character givenld the immediate, penance there would be great and unmistakeable kindness in sucliiisXystem, which would be appreciated even by the worst. The idea of reform ii'eever altogether lost sight of even by the most abandoned. They frequently deem it beyond their reach, and under this impression put the thought of it systematically from them; but the idea of compassing it, and the still more tangible object of their liberation, by one and the same process, would be felt by all. fo have their fate also placed in their own hands, would further call out every manly and grateful feeling in their bosoms; and under the impulse so created, impositions would be submitted to even wil- lingly, which now deeply irritate. The element of kindness would thus not be wanting to make the Mark system effective; and it would bc, kindness without weakness, without inflicting moral injury on any This is not the- case for the most part with kindness shown to prisoners in existing circumstances. Its ope- ration in individual cases is doubtless beneficial. By appealing to the feelings, it stimulates exertion. This is its real operation; and in the ebsence of more steady and consistent impulses the effect of this shows advantageously, beside that of cold, heartless compulsion, which does nothing but harm in every case. But this benefit is purchased at a very considerable sacrifice. It exhibits criminals not unfrequently the objects of a degree of sympathy and assistance which the innocent cannot equally command. It is thus at issue with the moral sense and the true interests of society; and even the direct result in alleviating suffering is as nothing compared with what would ensue from a good system, which, not ex- cluding kindness from its machinery, but rather systematizing it, would supply
at the same time other and more certain stimulants. s..
3. The superior preventive effect of a reformatory system to one that is vin- dictive or exemplary, is due, first, to its taking out of society a quantity of evil influence, that on the other principle is envenomed and distributed in all directions. In the case of our minor delinquents especially, who after short periods of im- prisonment are again discharged amid their old haunts and companions, the amount of this mast be enormous, and deserves the peculiar attention of states- men. But besides this, where punishment has been vindictive, there is a certain triumph in having undergone and defied it, which is very captivating even to lookers-on. Under its influence striking crimes are imitated, and striking punish- ments braved, to an extent recognized even by those who refuse to admit the only intelligible inference that can be drawn from the fact. When punishments are made reformatory, the temptation to this is much less. The kindness of the ob- ject disarms bravado; and were the exhibition of submission and good conduct made further indispensable to discharge, there would actually be no place for it at all. At present when men are discharged from time-sentences, however tame and submissive they may really have been under them, they can return to their companions and boast of the hardihood with which they endured and braved them. There is nothing in the circumstances of their release to contradict them. But if submission were the necessary preliminary to this—if they could only ap- pear among their companions as defeated—both their influence for evil, if they re- tained a desire to exercise it, would be diminished, and they would most likely exercise an influence for good, even if in their own hearts they were subdued rather than converted. They would exaggerate the amount of that pressure to which they had themselves bent; and its moral effect upon others would be still more enhanced, when, as would happen at least in many eases, the directiongiven in gaol continued manifest in them afterwards. That they were not only subdued but won, would be a triumph which not many hesitating would resist. By far the greatest improvement that could be made in criminal administra- tion would thus be—the introduction of the principles of the Mark system into prison discipline. They would change the whole aspect of secondary punish- ment. From intensely demoralizing, they would make it reformatory; and from scattering far and wide the seeds of crime, they would make it highly preventive of it. The innovation would at the same lime be of easiest accomplishment. We have but to remove the legal impediments that now render it impossible to ha- pose task sentence; and their superiority over those measured by time would be soon universally recognized. They would introduce a labour-teat into punish- ment, as already it is sought to be introduced into the administration of poor- law relief. By both means, the character alike of the criminal and destitute would be raised in our country. Brought within the reach of like impulses with
those which sustain their more fortunate fellow countrymen, they would come speedily to resemble them otherwise more closely. They would become more mauly, and less abject and designing than they now are. Compelled to take the
first step in effort by the most pressing wants of their nature, they would soon desire to rise higher and yet higher through the same' means, instead of seeking only to sink back again into licentious indulgence. And the entire good effected would be beyond apreciatioo. . Part of it Vflidd 'appear at once, and the rest "after many days. '-` ' -""-''-'s. 4'1.7 "."1 s,-. :- a, ,-, I am, Sir, your very obedient servant, A. liscoNooniE.
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