The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-09-13
THE PUNISHMENT OF CRIME.

The Rev. Fred II. Wines. the well-known
penologist. WAS very properly selected to
compile the census statistics relative to
pauperism and crime He has published
preliminary bulletin containing the results
of his investigations into Imprisonment IN
pententiaries, and some of his results are
curious.
He found that on a given date in 1890
there were 1928 persons in the peniten-
tiaries of the United States. OF these 24S6
were serving sentences Of less than one
year, 39, 757 were under sentence for term
oil years, 26SS for life, and 62 were under
sentence of death. Some of the sentences
which were for term of years were really
for life; 49, persons were serving sentences
for fifty years aud over, and among these
fifty-five for nnety-nine years But adding
all the sentences together, the average term
of sentence was found TO be five years and
go days. 1t may be said, therefore, that If
we lump light offenSes with grayer crimes
the punishment of crime in this country Is
Imprisonment in a penitentlary for hve
years.
The fact is not creditable to our civiliza-
lion. 0nr laws seem designed TO make as
many criminals as they punish. The 1u-
venie cow let who has committed one fault
ana WDOSb IlIuu Is Ill lihl pluSblG olitc thoN
it can be easily nodded goes into the peni-
Tertiary with possibilities of redemption in
him, and comes out an irreclaimable Grim
inal. 1t is almost impossible for him to re-
sist the influence of his surroundings. No
rule of the prison can guard him from the
contagion Of hardened offenders. In some
of the European prisons the rule OF silence
is vigorously enforced, but the conyictS con-
n hnr nv Of
signs and muttered sounds, and use their
opportunities to plan crimes which are TO
be committed when the day Of their liberia
tion arrives. Tie five years in jail are
really. for the juvenile offender, term of
apprenticeship for life Of crime.
In the memoirs of NJ. Claude. who was
chief OF the secret police of Paris during
tie second empire, and who had spent his
life in hunting down criminals. the failure
of.short terms of Imprisonment as measures
of repression is clearly set forth. lie shows
that the ranks of the French criminal class
are constantly recruited from liberated con-
yicts. Whenever a crime was committed
during his term Of service and doubt ex-
listed as to its author, his first proceeding
was to inquire what conyicts had lately
been let out OF Jail. he says ii was odds
that the crime was the work of one of them
and not of beginner. He boldly declares
that under the present penal system Of
France the prisons, including the galleys,
are nothing more nor less than nurseries Of
crime. Our own prison authorities and the
best minds in the police will not vary far
from his conclusions.
The trouble with Claude and with other
penologists who share his views is that
they have no substitute to offer for the sys
tenn they condemn. A man commits
felony not attended by loss of life. He is
arrested and convicted. The Judge. with
the code in his hand, has to determine his
punishment The trial has shown that he IS
a person Of deeply rooted criminal instincts.
If the Judge sends him to San Quentin for IA
large segment of his life-say twenty years
the code permitting him TO do so, the CON-
munity are shocked at such severity. II the
convict is sent up for five years he is going
to be educated in crime. and at the eXplra-
ton Of his sentence he will resume his war
fare upon society with improved methods
and enlarged experience. An eminent GRIM
inal judge. when confronted with this al
tentative, said that he saw no way out Of 1t
except to inflict the fve-year sentence and
to reckon that at its expiration the convict
would so behave himself that 1t would have
to be renewed.
1t seems cruel thing to say but those
who have had to deal with the criminal class
will acknowledge that the instances of re-
form are very few indeed, and that one who
becomes felon in his youth will probably
60 on committing felonies all his life. So
ciety seems TO be entitled to protection
against such a class, and the protection
should last as long as the danger. Yet
code which authorized life Imprisonment
for all classes of felOnes would he regarded
as so Draconian that juries would probably
refuse TO convict under it and Judges would
wink at the escape of guilty men rather
| than err on the side of severity.