Third, lack of classification. It is generally agreed that prisoners ought to be divided into classes according to age, color, criminal experience, condition of health, especially with reference to communicable diseases, and disposition to attempt escape or inflict injury upon officers or other prisoners. Such classification is impossible in a jail of the ancient type which characterizes the present buildings.

Fourth, enforced association with the worst people to be found in the county. The prisoners are released from their cells four hours out of the twenty-four to relieve the bitterness of their confinement under present conditions and to obtain such exercise as they may by moving about in the crowded corridors.

Fifth, lack of employment. The constitutional provision that slavery or involuntary servitude, except for crime, shall not be permitted within the boundaries of the United States is universally construed to mean that unconvicted prisoners cannot be compelled to labor. But such prisoners may be permitted to labor, to their own great benefit; and the jail should be so constructed as to make it possible to provide workshops where prisoners may labor voluntarily at simple employments with proper compensation. An admirable example of the possibility of such employment is found in the Indiana State Prison at Michigan City in the department for insane prisoners who formerly stagnated in the insane wards but who are now diligently, profitably, and happily employed in a variety of simple industries.

Sixth, lack of exercise and recreation. These unconvicted prisoners are not only entitled to humane and decent detention pending trial and conviction, but are entitled to be kept under such conditions as will not impair their health. Physical exercise is indispensable to good bodily health, and we have now come to recognize that wholesome recreation is equally indispensable to mental and spiritual health; and it is very desirable that both physical exercise and recreation shall be provided, as far as practicable, outdoors.

Seventh, lack of clinical and hospital provision. The majority of the inmates of our jails are in need of medical, surgical, dental, or psychiatric treatment. In many cases their unsocial tendencies are due, in greater or less degree, to these conditions. It is necessary to treat those who come in with communicable diseases in order to protect the other prisoners and to protect the public after their discharge. It is necessary also (a necessity which is being recognized increasingly by judges and legislators) to enlist the psychologist and psychiatrist, both for the study and treatment of such prisoners, in order that they may be so dealt with as to conserve the public interests.

Why Not a Skyscraper?

While agreeing fully with Dr. Kirchwey that separate and distinct provision entirely apart from the county jail must be made for the younger men, for women, insane prisoners, and witnesses; and that it is desirable to locate the central jail for the older male prisoners on a larger tract of ground in a less congested district: if, however, it should be decided for economic reasons, or for the convenience of proximity to the Criminal Court, that it is necessary to build the new jail and Criminal Court on the present site, the plan set forth in the accompanying illustrations is proposed by the writer as a possible solution of the problem.

It must be borne in mind that the prisoner awaiting trial in the county jail is on a different footing from the convicted prisoner. The law provides that every person shall be deemed innocent until he is proved guilty, and it is universally recognized that the person awaiting trial is entitled to humane treatment. He is entitled to decent living conditions and as little hardship as is consistent with his safe-keeping. The theory of the law is that the prisoner is not to be punished until he is proved to be guilty. It has been the practice in this country to use the county jails as places of confinement for sentenced prisoners convicted of minor offenses, and in most of the county jails these two classes of prisoners mingle freely together. Not only that, but insane prisoners and witnesses, accused of no crime, are often kept in the jails, where they come in contact with other prisoners.