Another feature of prison reform is the humanizing of discipline. It has been the general custom in prisons to punish any serious breach of the rules by placing the offender in solitary confinement for days or even weeks. Better results are now being obtained by giving privileges to those prisoners who behave properly and taking these privileges away from all who do not. This plan involves the grading of prisoners according to their conduct, the best-behaved men being placed in the first class and allowed various privileges. A system of marks and demerits is used to determine the grade of each prisoner. Solitary confinement is reserved for the incorrigibles only.[[265]]
3. Internal reforms.
Along with the system of classifying and grading prisoners, a general betterment of internal prison conditions has been taking place. It is now generally recognized that all prisoners should be kept employed at useful labor, that wherever practicable those who have not already learned a trade should be taught one during their prison terms, that those who are illiterate should learn to read and write, that the labor of prisoners should not be farmed out to employers as has so often been the case in the past, that prisoners should not be subjected to unnecessary humiliation, and that they should be given such measure of self-government as can be safely entrusted to them. Outdoor employment on state farms and state roads is replacing, to a considerable extent, the activities of the prison workshop.
Indeterminate Sentences and the Parole System.—Two marked improvements in correctional methods have been introduced by the use of indeterminate sentences and releases on parole. The old plan was to sentence every prisoner for a fixed term, two years, ten years, or some such period. The convict then served out his full term, no more and no less, irrespective of his behavior. This plan is now being abolished. Instead it is becoming the general practice to make the sentences indeterminate, as for example, not less than two nor more than five years. By good behavior the prisoner is then enabled to secure his release when the minimum period has expired. This method is particularly desirable in the case of young offenders who are sent to reformatories. The parole system is also used as a means of encouraging good behavior and reformation on the part of prisoners. Where this system is in operation the prison officials are permitted to release prisoners, even before their minimum terms have expired, upon promise to give society no further trouble. If the paroled prisoner should violate this promise, he is brought back to finish his term. It has been found that very few paroled prisoners fail to keep their promises.
The Probation System.—The number of persons committed to prison has been considerably reduced by the use of probation. In the case of first offences, where the crime is not serious, it is now the usual practice in many courts to place the offender on probation for a given period. This means that instead of being taken to jail he is placed under the surveillance of a probation officer. These probation officers are attached to the courts; their duty is to help probationers, keep a watchful eye on them, and report from time to time how they are getting along.[[266]]
The Problem of Juvenile Delinquency.—Great progress has been made during the past twenty-five years in the treatment of juvenile offenders. Persons under eighteen years of age were formerly dealt with by the regular criminal tribunals; in many of the larger cities they are now brought before a special Juvenile Court. Where such courts do not exist it is the usual practice to have juvenile cases brought before the regular court at a special session. The offenders, in serious cases, are usually sent to reform schools or other institutions where vocational instruction is given. For minor offences, particularly where there is no previous record of appearance in the juvenile court, the offender is placed in charge of a probation officer. The purpose of the probation system is to secure the reformation of the offenders, not to enforce punishment.[[267]]
Why divorces are becoming more common.
The Divorce Problem.—The steady increase in the number of divorces has tended to make juvenile delinquency more difficult to handle; in other respects also it constitutes a social problem of the first magnitude.[[268]] Several economic and social changes have tended to make divorces more common. The development of industry is one of them. Before modern industry afforded employment for women, the household was almost the sole center of feminine activity. But under present economic conditions most women find no great difficulty in earning their own living and this has engendered a feeling of self-reliance. Mention may likewise be made of the fact that the rights and privileges of women have been more strongly stressed by law and custom during recent years. Women have been given the legal right to own property, to vote, and to hold office. These things have helped to develop a spirit of independence. Social conditions have also changed. In the old days men who divorced their wives and women who divorced their husbands were frowned upon by their neighbors, but this weapon of social ostracism has been gradually losing its power because society has come to recognize the justice of granting divorces for adequate reasons.
Can the causes of divorces be reduced?
How May the Situation be Remedied?—In seeking a remedy for any political, social, or economic evil we must first turn to the causes. The increase in the number of divorces has been due in considerable measure, as already pointed out, to the growth of industrial opportunities for women and to the readiness with which society tolerates the granting of divorces. It is also due, in some degree, to the conditions of life in large cities where the nervous strain caused by over-crowding makes it more difficult to meet the complex domestic problems patiently. It is significant that divorces are much more common in the large cities than in the rural districts. In part it is due also to the lax divorce laws of some states, where the courts are permitted to grant divorces on the flimsiest pretexts, and to the absence of sufficiently strict regulations designed to prevent hasty marriages.