Although born criminals, habitual criminals, and recidivists should be carefully isolated from minor offenders, they nevertheless require institutes conducted on nearly similar principles. A prison, which is to punish, but at the same time to correct and redeem, demands strict discipline: in fact, milder punishments have very little effect and their constant repetition is harmful, although any exaggeration of brute force is more injurious than useful. Harshness may cow criminals, but does not improve them: on the contrary, it only serves to irritate them or to convert them into hypocrites. Even the adult offender should be looked upon in the light of a child or a moral invalid, who must be cured by a mixture of gentleness and severity, but gentleness should predominate, since criminals are naturally prone to vindictiveness and are apt to regard even slight punishments as unjust tortures. Even a too rigid adherence to the rule of silence may have a detrimental effect on the character of the prisoners. An old convict once said to Despine: "When you winked at slight offences against the rules, we used to talk more, but there was no harm in what we said. Now we talk less, but when we do, we blaspheme and plot evil."
In Danish prisons under rigorous discipline, infractions of prison regulations amounted to 30%; more recently under milder rule such infractions only amount to 6%.
In order to strengthen the sense of justice which, as we have said, is little developed in criminals, if indeed it is not altogether suffocated by ignoble passions, it is often advisable to appeal to their vanity and self-esteem to aid in maintaining discipline and increasing industry, by constituting them judges of each other's conduct. Obermayer used to divide the convicts into small groups and ask them to elect their own superintendents and teachers, thus establishing a spirit of good-comradeship and rendering possible a system of detailed and individual instruction, the sole kind that is really efficacious. The 385 convicts at Detroit showed the highest percentage of efficiency, because they were divided into 21 classes with 28 teachers, all of whom, with the exception of one, were prisoners. It was noticed that the worst convicts were the best teachers (Pears, Prisons and Reform, 1872), which proves that even the most perverse elements may often be utilised for the improvement of others.
Equally good was Despine's method of letting a certain time elapse before inflicting punishment, so that it should not be attributed to mere anger on his part. As soon as the infraction was noted, the prisoner was left to reflect on his conduct, and an hour later the teacher and Director came to show him the penalty prescribed by the regulations. Sometimes it was found efficacious to administer a rebuke and punishment to the whole group to which the offender belonged. Obermayer considered this method to be advantageous.
Work should be the motive force, aim, and recreation of every institute of this kind, in order to stimulate flagging energies, to accustom prisoners to useful pursuits after release, to reinforce prison discipline and to compensate the State for the expense incurred. This latter object should, however, always be subordinated to the others, and lucrative trades must occasionally be avoided. Occupations which might pave the way for other crimes: lockmaking, brasswork, engraving, photography, and calligraphy should not be adopted, but choice made, instead, of those agricultural employments which show the lowest mortality and are much in demand. The manufacture of articles in straw, esparto, and string, printing, tailoring, the making of pottery, and building are all suitable trades, but those which require dangerous tools—shoemaking, cabinet-making, and carpentering—should be resorted to last of all. The rush baskets made by the convicts at Noto (Sicily) obtained several medals.
The tasks allotted to prisoners should always be proportioned to their strength and tastes. Unskilled or physically weaker individuals who conscientiously do their best, should be rewarded in some way, if not pecuniarily, at least by a reduction of their sentences. In this way work becomes profitable and a spirit of comradeship and friendly emulation develops among the prisoners.
Institutes For Habitual Criminals
To protect society against the repeated misdeeds of these offenders and those of born criminals, segregation is essential. However, the institutions set apart to receive these classes should still regard the redemption of the inmates as their chief aim, and only when all attempts have proved futile should they be replaced by almost perpetual isolation in a penal colony.
The Penitenciario Nacional of Buenos Ayres is a splendid instance of an institute founded for the redemption of adult offenders as well as for the punishment of their offences. The inmates of this penitentiary comprise offenders of all types—criminaloids, habitual and born criminals—belonging to the Province of Buenos Ayres. It was established a few years after the Reformatory at Elmira, the fundamental principles of which it has imitated with certain wise modifications to suit diverse circumstances.
Externally, it has nothing in common with the gloomy European prisons. It is a large, white edifice with a broad flight of steps leading to the street and is devoid of all signs of force, soldiers, sentry-boxes, etc.