CHAPTER III
METHODS FOR THE CURE AND REPRESSION OF CRIME
Preventive methods, the careful training of children, and assistance rendered to adults in critical moments of their lives, may diminish crime, but cannot suppress it entirely. Such methods should be supplemented by institutions which undertake to cure criminals, while protecting society from their attacks, and by others for the segregation of incurable offenders, who should be rendered as useful as possible in order to minimise in every way the injury they inflict on the community.
Although unjustly accused of desiring to revolutionise penal jurisprudence, criminal anthropologists realised from the very beginning that laws cannot be changed before there is a corresponding change in public opinion, and that even equitable modifications in the laws, if too sudden, are always fraught with dangerous consequences. Therefore, instead of a radical change in the penal code, their aim was to effect a few slight alterations in the graduation of penalties, in accordance with age, sex, and the degree of depravity manifested by culprits in their offences. They also counselled certain modifications in the application of the laws, the reformation according to modern ideas, of prisons, asylums, penal colonies, and all institutions for the punishment and redemption of offenders, and an extensive application of those penalties devised in past ages as substitutes for imprisonment, which have the advantage of corrupting the culprit less, and costing the community very little.
Juvenile Offenders. Young people, and, above all, children, should be dealt with separately by special legislative methods.
With the exception of England, where quite recently a children's court has been opened at Westminster, special tribunals for the young are unknown in Europe. However, in modern times, the penal codes of nearly every European State make marked allowance for the age of offenders, and where there is no differentiation in the laws, the magistrate uses his own discretion and refuses in many cases to convict juvenile offenders, even when they are guilty of serious offences.
These instinctive methods of dealing with the young have many drawbacks:
1. Without special courts, children guilty of simple acts of insubordination or petty offences (thefts of fruit or riding in trams and trains without paying the fare) which cannot be separated by a hard and fast line from ordinary childish pranks, come into contact with criminal types in court or in prison, and this is greatly detrimental to them morally. If naturally inclined to dishonesty, they run the risk of developing into occasional criminals and of losing all sense of shame: or if really honest, contact with bad characters cannot fail to shock and perturb them, even though their stay in prison be only a short one.
2. The magistrate has no legal powers to supervise juvenile offenders, nor when their actions show grave depravity, to segregate and cure them to prevent their developing into criminals. It has already been shown that born criminals begin their career at a very early age. In one case cited in a previous chapter, a morally insane child of twelve killed one of his companions for a trifling motive—a dispute about an egg; in another, a child of ten caused the arrest of his father by a false accusation; he had previously attempted to strangle a little brother. Children of this type, notwithstanding their tender age, are a social danger, and the moral disease from which they suffer should be taken in hand at once. In any case they should be carefully segregated until a cure appears to be effected.
Minors require a special code, which takes into consideration the fact that certain offences are incidental to childhood and that children who have committed these offences may still develop into honest men. It should also contain provisions for dealing with born criminals, epileptics, and the morally insane at an early age, by segregation in special reformatories where they cannot corrupt juvenile offenders of a non-criminal type, and where a thorough-going attempt to cure them may be made.