Outbreaks, resistance or disobedience Imprisonment (for unfixed periods)
to authority
In other words, the system of repression proposed by M. Garofalo amounts to this:—
<p 206> Absolute elimination of the criminal Penalty of death
Criminal lunatic asylum.
Transportation with liberty.
Perpetual banishment.
Relative elimination Banishment for various periods.
Agricultural colonies.
Interdiction from a particular
neighbourhood.
By payment of money.
Reparation of damages Deduction from wages.
Fine (going to the State) Forced labour, without
Indemnification of the victims imprisonment.
Imprisonment for fixed periods for special offences (forgery and outbreaks); or as alternative to indemnification or forced labour. Interdiction of certain professions and public functions.
M. Liszt also, agreeing with the positive school in regard to the necessity of a radical reform in the penal system, yet with certain reservations, has propounded a scheme, which, however, as it does not sufficiently consider various classes of criminals, whom he divides merely into the habitual and the occasional, would need completion, especially in comparison with the well-reasoned scheme of Garofalo. M. Liszt's system is as follows:—
Punishment by fines.
In proportion to the property of the offender—not alternative with For offences (with alternative imprisonment imprisonment).
Capable of being worked out by For contraventions of the law forced labour without imprisonment (without imprisonment).