The average mind is slow in grasping a truth, but when the most thoroughly organized, centralized institution, maintained at an excessive national expense, has proven a complete social failure, the dullest must begin to question its right to exist. The time is past when we can be content with our social fabric merely because it is "ordained by divine right," or by the majesty of the law.
The widespread prison investigations, agitation, and education during the last few years are conclusive proof that men are learning to dig deep into the very bottom of society, down to the causes of the terrible discrepancy between social and individual life.
Why, then, are prisons a social crime and a failure? To answer this vital question it behooves us to seek the nature and cause of crimes, the methods employed in coping with them, and the effects these methods produce in ridding society of the curse and horror of crimes.
First, as to the NATURE of crime:
Havelock Ellis divides crime into four phases, the political, the passional, the insane, and the occasional. He says that the political criminal is the victim of an attempt of a more or less despotic government to preserve its own stability. He is not necessarily guilty of an unsocial offense; he simply tries to overturn a certain political order which may itself be anti-social. This truth is recognized all over the world, except in America where the foolish notion still prevails that in a Democracy there is no place for political criminals. Yet John Brown was a political criminal; so were the Chicago Anarchists; so is every striker. Consequently, says Havelock Ellis, the political criminal of our time or place may be the hero, martyr, saint of another age. Lombroso calls the political criminal the true precursor of the progressive movement of humanity.
"The criminal by passion is usually a man of wholesome birth and honest life, who under the stress of some great, unmerited wrong has wrought justice for himself."[2]
Mr. Hugh C. Weir, in THE MENACE OF THE POLICE, cites the case of Jim Flaherty, a criminal by passion, who, instead of being saved by society, is turned into a drunkard and a recidivist, with a ruined and poverty-stricken family as the result.
A more pathetic type is Archie, the victim in Brand Whitlock's novel, THE TURN OF THE BALANCE, the greatest American expose of crime in the making. Archie, even more than Flaherty, was driven to crime and death by the cruel inhumanity of his surroundings, and by the unscrupulous hounding of the machinery of the law. Archie and Flaherty are but the types of many thousands, demonstrating how the legal aspects of crime, and the methods of dealing with it, help to create the disease which is undermining our entire social life.
"The insane criminal really can no more be considered a criminal than a child, since he is mentally in the same condition as an infant or an animal."[3]
The law already recognizes that, but only in rare cases of a very flagrant nature, or when the culprit's wealth permits the luxury of criminal insanity. It has become quite fashionable to be the victim of paranoia. But on the whole the "sovereignty of justice" still continues to punish criminally insane with the whole severity of its power. Thus Mr. Ellis quotes from Dr. Richter's statistics showing that in Germany, one hundred and six madmen, out of one hundred and forty-four criminal insane, were condemned to severe punishment.