Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-11-06
MR.. BROCKwAY's IDEAS.

Inc expression OF no man cOnCeIn-
ing prison reforms will command
broader or more respectful attention than
that of Mr.. Brockway, the well known
practical penologist In an article in the
November Forum, on "The State and the
Criminal" he has at some length set forth
his views regarding the treatment and
punishment of the States prisoners. Some
of his statements of fact and his argu-
ments-the result of long experience in
the control of criminals-are so striking
and forcible that they ought to have much
broader reading than they are likely to
receive if confined to the admirable
review in which they appear.
Mr.. Brockway holds crime to be dis
ease, and to be contagious. He is certain
that it can often be traced to physical
cause in the progenitor Hence it is in
sisted that the State should prevent posi-
lively criminal stock from procreating its
kind, at least he would have the State
exert its sovereign authority to break up
the breeding-plac of criminals that
faunt their insignia in the face of law and
decency. He would apply remedial rather
than retributive treatment. The repres-
sive power of the criminal law is not so
much in its penalties rs in prompt de-
lection and certain conviction-the two
clements of criminal treatment at present
slowest and most uncertain.
Modern legislation he believes is too
careful of the rights of criminals upon
trial. He says: "The lawyers maxim
that in criminal trials the whole duty of
the defense is to clear the client, and that
the advocate is absolved from obligations
of good citizenship and morality-this, to-
gether with the questionable tactics often
employed, not only leads to endless delays
but puts into the minds of prisoners many
pernicious notions. They often leave the
dock with exaggerated views of their own
importance and reduced estimate of the
wrong of their crimes" He objects
strongly to the common sentiment that
first offenders should be let off, for no act
of crime should be passed over when it
exhibits the presence Of criminal impulse.
The beginning of actual criminal conduct
is the point at which to begin the cure of
the criminal. "What is needed" he saws
on this point, sis not leniency but Sc
questration, and there ought to be COM
plete cure before the novice in crime is al
lowed his liberty again
Mr. Brocl;way, whose judgment viii not
be questioned by any who have knowledge
of his eminent success in New York,
which State has more than once declined
to dispense with his services, regrets that
convicted criminals must he, lor ever so
short a time, confined in county jails. 1t
will present itself TO all who have given
the subject any considerable attention,
with force that, as Mr.. Brockway insists,
the idleness, evil associations, ribald talk
and bravado that prevail in the county
iails are evils demanding immediate sup
preston. Added to these ills are the ex-
hibitions of sympathy on the part of mis-
taken philanthropists, their gifts of deli
cacies and flowers, and their general
fussiness. OF all this he demands absolute
by the State.
As a remedy he proposes the abolition
of county jaiis altogether, and the central
lied, non-partisan control of all prisons.
The further conclusions of this eminent
penologist we present in full, though they
much extend this article, since they are
concisely stated and cannot well be COM
pressed, and we deem it of the highest
importance that the thought of the people
should he informed of the Judgment Of
man who has so thoroughly tested all the
more advanced systems Of prison reform.
The subject will officially come before
the approaching session of our Legislature
and should have, therefore. the broadcast
possible prior consideration.
Mr.. Brockway says that any prison
system that is really protective as against
crimes must contain the following con-
stituents in addition to the one We have
named:
/. The indeterminate sentence $50 ealled). or
a maximum sentence in place of the usual time
sentence the centralized prison government
having power to transfer prisoners from one
prison to another and eonditlonaily 10 release
> A graduated system or series of prisons,
possessing for all and FOR each unified system
of grades.
s. The conditions of progress in prison and of
conditional and of absolute release must be IA
yet in custody, in seltcontrOl, proper regard Tor
the rights of others and respect for lsw as SUCH
ibl his weil-tested disposition and AGILITY to
earn at legitimate work, eneugh TO provide for
dependents, and contribute 10 the support OF
the government; (cl an habitual exercise of
good judgment good feeling and good morals,
IN his ordinary social relations
l. A stem for discovering and recording his
conduct as well as for directing IT. viz IA
a marking system, simulau 8 the conscience
itself one so planned and administered as to
quicken or create conseientiOuSuess after the
model of sn enlightened conscience nnder
operstion OF the moral law (5l an educational
svste;n. necessarily unique, mainly directed to
produce right development rather than 70 fur
nirh with useful information embracing The
OF proper tastes, morality and the
moral or religious emotions le) inutsEial train