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 PRISONS

435

PRISONS

of hymns, are excellent distractions, while they offer the prisoner an occasion for salutary reflection. In Germany choruses in four parts are sung in the evening. Ivrohne gives a simple and touching de- scription of this ceremony. The same author recom- mends that each culprit should be given a hymn-book, as well as a New Testament, a Bible history, and a psalter. He even e.xpresses the desire that the prisoner should be induced to purchase the hjonn- book and the New Testament with his own money in order that he might keep them after his liberation. "

Condilional Liberation. — Prins remarks: "As the system of conditional condemnation allows the judges to exercise their discretion, and remit the penalty in the case of offenders for whom a warning seems suf- ficient, conditional liberation allows the administra- tion to act similarly towards those in prison, and to decide who should remain in prison till the end of their term and who should be prepared for definitive liberation by a conditional liberation. This plan acts as a stimulus, since it holds out to well-conducted prisoners the possibility of having their term short- ened; it acts too as a restraint, as the liberated con- vict recognizes that the favour may be withdrawn; it is a stage of the punishment since it prepares the prisoner for his definitive liberation." Conditional liberation has become an essential part of the penal system throughout the world. As there is an- ticipated liberation, when the culprit seems reformed before the end of the term to which he was sentenced, so it logically follows there should be a supplementary detention when the criminal at the exT^iralion of his term does not appear to be reformed. Under such circumstances an indeterminate sentence is advocated (Cuche, "Traits de science et de legislation p6niten- tiaires", 356-9). Some see in this theory the logical result of a repressive system having as its sole aim the moral reformation of the criminal; others consider it the logical result of the theory which considers the punishment as an act of social defence, the intensity of which is proportioned to the danger personified in the delinquent (cf. Prins, "Science penale et droit posit if", 4.5.5). This writer (op. cit., 4.59 sqq.) does not favour the indeterminate sentence as a penalty properly so called imposed on a normal responsible culprit, because it is not in har- mony with the [principles of our public law, which en- deavours in the matter of punishment to safeguard the liberty of every individual against arbitrary use of power, and because it is very complicated in practice ; he admits, however, that it is different when there is question of subjecting to government con- trol youthful offenders, beggars, and vagabonds, or in the case of degenerates, lunatics or weak- minded persons.

Care of Liberated Criminak. — It is a duty of society to come to the aid of deserving liberated prisoners; for oftentimes they are not in a position to support themselves, and so fall again easily. Many societies have been established everj-where to assist and en- courage liberated prisoners; their efforts should be directed especially towards youthful offenders. A new Central Association for the .\id of Discharged Prisoners was established in England early in 1911. While the association is an official body it combines and co-ordinates all the private philanthropic socie- ties which in a disconnected way endeavoured to a.ssist convicts on their discharge. Besides aiming to help the pri.soncr on his release more effectively than formerly, it aims to do away in most cases with the ticket-of-leave sj'stem. Persons discharged from penal servitude come under the cognizance and control of the central body. Representatives of the different societies are admitted to the convict pri.s- ons, and are thus enabled to divide the ground among the different agencies and to make a study

of individual cases in time to deal with them on the release of the prisoners. On discharge from prison the convict keeps in touch with the society to which he belongs. Except in unsuitable cases police supervision is suspended so long as the convict be- haves well and obeys the conditions imposed upon him by the central association, working through the particular society. If he misbehaves, or if, in the opinion of the authorities charged with his care, he is not sincere in his efforts to abstain from criminal courses, he may be returned to police control. But so long as he makes an honest endeavour to regain his position, guided and aided by the association, he is freed from direct contact with the police or from anything likely to obtrude his past upon the notice of his neighbours or employers.

Prison-Reform Associations. — The international prison congresses have played an important part in prison reform. The first was held at Frankfort-on- the-Main in 1846. The Congress of London (1872), in which twenty-two countries were represented by 100 delegates, led to the creation of an international prison commission. The last, the ninth quinquen- nial session of the International Prison Congress, was held in Washington in 1910. Twenty-two countries belonging to the association were represented by delegates as well as a number of countries not yet officially members, among them China, Japan, and Egj'pt. One of the principal achievements of the congress was the formal approval of the indetermi- nate sentence, a product of .American developments. The congress also approved the centralization of con- trol of all penal institutions, including local jails, and the useful employment of all inmates, whether merely detained for trial or sentenced for long terms; and it favoured the discreet u.se of the probation system, advocating central supervision of probation in each state. Considerable attention was paid also to the methods of criminal procedure suitable for children antl minors. The Prisons' Society of Rhenish Prussia and Westphalia (founded in 1826); the Society of Officers of the German Prisons (founded in 1864) ; the German Juristenlag (founded in 1867); the International Union of Penal Law (founded in 1889); the Societe generale dcs prisons in France, and the National Prison Congress of the United States, have likewise materially aided the work of prison reform.

The following reforms among others have been warmly advocated: (1) The uniform repressive system should be differentiated into a system of education, a system of repression, and a system of preservation, and each of these should be in turn subdivided according to the various classes of de- linquents. In particular there should be a good division of the culprits, and a social effort made to reform those who are susceptible of it. (2) Short sentences are undesirable, as they are likely neither to intimidate nor to educate. (3) The cellular system is by far the most preferable, so long as danger to the physical and mental well-being of the culprit is averted. (4) The pri.soner's work should be both useful and productive; it should not be monotonous or wearisome; the criminal should be applied to work in which he will easily find occupation on his libera- tion; the kinds of work should be sufficiently varied to suit the natural aptitude of the various prisoners. State public work is preferable. (5) \Miile enforcing as far as po.ssible the individualization of the penalty, the progressive system should be introduced, as it leads uj) gradually to liberty, ami i)repares the cul- prit to enter again into society. (6) In the case of youthful ofTi'iiders it is more than ever necessary to substitute education and protection for piinishment (see Collard, "L'education protectriee de I'enfance en Prusse, La loi du 2 Juillet 1900 et son applica- tion", Louvain, 1908). (7) The treatment of women