The Probation System.—In several of the States of America an attempt has been made to devise a substitute for imprisonment in the cases of persons convicted for minor offences. The State of Massachusets was the first to take the lead by initiating a somewhat elaborate system of probation. Briefly described, it is an attempt to reform a prisoner OUTSIDE. Imprisonment for minor offences has had many bad features and should, where possible, be avoided. Firstly, there is the stigma that attaches to every man who has worn the broad-arrow. Secondly, there is the loss of self-respect which, together with the contaminating influences existing in a prison, often convert the minor offender into the hardened criminal. Thirdly, there are the hardships that the wife and family are called upon to endure while the bread-winner is in gaol and not earning wages. The Probation System seeks to overcome all these difficulties. Instead of sentencing an offender to a period of imprisonment, the judge confides him to the care of the probation officer for a period co-terminous In the cases of female offenders and of youths under the age of 18 years the probation officer is usually a woman; for adult males, a man acts as officer. The officers are invested with very considerable authority. It is their duty to keep the very closest watch over their wards and to report continually upon their behaviour. They frequently visit the homes and do their utmost to become acquainted with the conditions of the home and industrial life under which their wards live. The visits are so arranged that they by no means imply an official errand, the officers endeavour to discover the weaknesses of their wards and the temptations to which they are most likely to succumb, and as far as possible to remove them out of the reach of these temptations or to strengthen them against their power. Some officers provide for meetings to be held for those committed to their charge. Especially is this the case with those who have the charge over youthful offenders. At such meetings games, edifying entertainment and instruction are provided. It is also quite competent for an officer to receive the wages of a probationer. In these cases, he will give the man's wife a sufficient sum to meet the ordinary household expenditure, allow him enough for his personal expenses, and retain a small sum to be returned when To have an officer constantly watching over a man may affix a certain stigma to the man, but even so, it is not indelible nor nearly so great as that which the prison leaves behind it. To make this disadvantage as small as possible, the officers wear no uniform and, within their prescribed area, work among the convicted and unconvicted alike. The type of officer required is not easily found. Of humane instincts, and yet a firm disciplinarian, well educated, competent to give good advice and able to gain the affections and confidences of those amongst whom they work, is the type of person required. The ex-soldier or the ex-policeman is just the man who is NOT wanted. The advantages of this system Miss E. P. Hughes thus sums up:— Firstly.—Instead of a few highly-paid officials and many badly paid warders, you have a number of independent, well-paid probation officers, chosen for their knowledge of human nature, and their skill in reforming it. Thirdly.—The stigma of the prison is avoided, and while great care is taken that the prisoner shall be strictly controlled and effectively restrained, his self-respect is carefully developed. Fourthly.—The family suffers less. The home is not broken up, the wages still come in, and if the prisoner is a mother and a wife, it is, of course, most important that she should retain her position in the home. Fifthly.—The prisoner does not "lose his job," nor his mechanical skill, if he is a skilled workman. "I was told that six months in prison will materially damage this in many cases." He does not lose his habit of regular work. Sixthly.—He has one intelligent friend at his side to give him all the help that a brother man can. And this friend has the unique opportunities for studying his case, and has also an extraordinary power over his environment. Seventhly.—Good conduct and a capacity for rightly using freedom is constantly rewarded by a greater freedom. Eighthly.—It is far cheaper than prison. The prisoner keeps himself and his family, and one officer can attend from sixty to eighty prisoners. The Elmira Reformatory.—"The New York States Reformatory at Elmira" is the official designation of this institution. It was established in 1875 Mr Brockway had from the age of nineteen years been working in an official capacity among prisoners, and his religious beliefs led him to acknowledge that the men committed to his charge had their place in the redemption of the world. Maconochie's humane method of dealing with the criminals of Norfolk Island attracted his attention, and from Maconochie's mark system he evolved the now famous indeterminate sentence. When the New York State established a Reformatory at Elmira, Mr Brockway was placed in charge and given practically a free hand in the adoption of such methods as he deemed most likely to effect the permanent reform of the men committed to imprisonment there. A restriction was placed upon the age of the offenders who should be admitted, the law reading thus:—"A male between the ages of 16 and 30, convicted of felony, who has not heretofore been convicted of a crime punishable by imprisonment in a State prison, may, in the discretion of the trial court, be sentenced to imprisonment in the New York State Reformatory at Elmira, to be there confined under the provisions of the law relating to that reformatory" (vide section 700 Penal Code). This by no means implies that all the inmates are first offenders. Many of them have been in juvenile reformatories, penitentiaries, and houses of correction, so that in some cases a considerable advance in the The principles upon which the reformatory system is based are practically those set forth in the declaration of the National Prison Congress held in Cincinnati in 1870 as follows:— 1. Punishment is defined to be "suffering inflicted upon the individual for the wrong done by him, with a special view of securing his reformation." 2. "The supreme aim of prison discipline is The Reformation of Criminals, not the infliction of Vindictive suffering." 3. "The progressive classification of prisoners based on character, and worked on some well adjusted mark system, should be established in all prisons above the common gaol." 4. "Since hope is a more potent agent than fear, it should be made an ever present force in the minds of the prisoners, by a well devised and skilfully applied system of rewards for good conduct, industry, attention to learning. Rewards, more than penalties, are essential to every good prison system." 5. "The prisoner's destiny should be placed, measurably, in his own hands; he must be put into circumstances where he will be able, through his own exertions, to continually better his own conditions. A regulated self-interest 6. "Peremptory sentences ought to be replaced by those of indeterminate length. Sentences limited only by a satisfactory proof of reformation should be substituted for those measured by mere lapse of time." The old system of penology may be described as "so much suffering inflicted for so much wrong done and with the object of expiating that wrong." The principles upon which the reformatory system is founded must be clearly grasped before the system itself can be understood. Criticism is frequently levelled against it on the ground that the prisoners are given "too good a time." This criticism is based upon some theory that vindictive retaliation is the attitude that should be assumed towards the criminal. When this theory is renounced, then the system stands or falls according as it accomplishes the objects for which it is designed. When it is asked why should a prisoner in captivity be better looked after than he would be if left in his old haunts of crime, the question must be answered from the prisoner's point of view, and he will candidly reply that the prison which deprives him of his freedom until his reformation has been effected is not the place which has any attractions for him. The life of discipline and industry does not at all agree with his idea of blissful surroundings. Upon admission at the reformatory, the prisoner is placed in the middle of The Indeterminate Sentence.—The ideal Indeterminate sentence provides that when once a criminal falls into the clutches of the law he shall be deprived of his liberty until he has given satisfactory evidence that he is able to conduct himself as an The ideal sentence, so far as an incentive to reformation goes, would be an ABSOLUTELY INDETERMINATE ONE, where a man must either reform or remain in prison for life, for where would be the welfare of society considered if a man be released prepared to prey upon it as he did before imprisonment? In the case of the absolutely indeterminate sentence there is a motive that will quicken every energy and arouse the dullest to life and exercise, for he would be fighting for life and liberty—liberty that could never be his until he had shown by his conduct that ready compliance with all requirements here was intended, and willingness to discard the old and detrimental habits, taking on new and profitable ones. The fact that a man could get along in here would indicate his ability to live in accord with society in the outside world. Under such a system no one fit to be released would fail to gain it. Why? Because the motive is so strong as to force the most unwilling to willingness; because a man who would rather rot in prison than try to regain his freedom by legitimate means is That the indeterminate sentence furnishes a powerful motive for reformation is shown daily in this institution. You have only to watch the student over his books, or mechanic over his tools to see the effort that is being made to win that golden prize—a parole. How that motive is undermined or taken away entirely when the sentence is definite is readily perceived by taking a cursory glance over the records of men sentenced here for a definite period. The greatest percentage of them are careless, insolent, and furnish most of the class that goes to form the nucleus of the lower or convict grades. Why? Because there is nothing to work for. No parole can be gained by attention to duty. Time, and time alone, counts for this class. Only to pass time and get to the end of the sentence, that is all. No one can make a study of, or even look about him and compare the records made by definite and indefinitely sentenced men, without becoming a warm advocate of the indeterminate sentence. The longer the maximum sentence of the man sent here, the greater is his effort to travel along the straight and narrow path, picking up such advantages as offer him through his It may be urged that since liberation would depend in a measure upon proficiency in the trade-school and school of letters, that some criminals whose criminality might be of a lesser degree, would be at a greater disadvantage than others. That is not so. The system is obviously a very complicated one, and only the bare outlines are being given here. In operation it is absolutely fair, neither is any inducement offered to commit crime for the benefits which the trade-school confers. The managers know no such defect in their system or otherwise they would A further advantage that the indeterminate sentence has, is that it provides for a second period of probation. A man may behave himself well in prison but upon his release betake himself immediately to his old surroundings and then to his old habits. The most critical moment is when the prisoner steps outside the gaol walls and finds himself a free man. The habits of industry and good conduct acquired when in confinement have to be accommodated to new conditions, and if unassisted the task is often too great. The consequence is that he falls away and rejoins his old companions and soon becomes a recidivist. The indeterminate sentence allows for his freedom being regained gradually. Having given evidence of reform and of abilities to support himself, employment is found for him, and he is granted a parole. That is he is released conditionally. For the next half year he must report himself every month, and if at the end of that period he has behaved well he is granted absolute discharge. Opportunity is thus given for him to establish himself gradually amidst the conditions of free social life. The sense of freedom comes without shock, and when it comes, the critical period has long since passed away. Should he violate his parole in any way, he is rearrested and may be called upon to serve the maximum penalty for his crime. The whole aim of the system is to develop minds and bodies, arrested in their growth, in order that they may become more susceptible to moral influences, and that habits of correct thinking and useful industry may be established. Every prisoner upon entering the institution is assigned to the school of letters, care being taken that the task imposed upon him is well within his mental grasp, but at the same time shall require an effort on his part in order to master it. The school is divided into three sections—The Primary, the Intermediate and the Academic or Lecture division. Each section is subdivided into classes and each class again subdivided into groups. The usual method of making the lower classes large and the upper classes small is exactly reversed at the Reformatory. There may be as few as twenty pupils in the lower classes and as many as two hundred in the upper ones. The school is under the management of a director who is assisted by a competent staff of civilian teachers, as well as by a number of the inmates themselves. Some of the prisoners, being illiterate, have to commence their education at the The classes are held in the evening and the routine of the Reformatory is so arranged that throughout the whole of the prisoner's waking time he is kept employed. From the elementary instruction in reading, writing and arithmetic, given to illiterates, the course progresses so as to include History, Civics, Political Economy, Ethics, Nature study and Literature. Attached to the school there is a well stocked library from which books are issued under regulations relative to good conduct and progress made. There is also a weekly paper issued within the institution called "The Summary," to which the prisoners may contribute articles. Attendance at the school is in all cases compulsory. The inmate has no option whatever. He is not consulted as to what course of study he would like to pursue but this is chosen for him and he is set to it. In selecting his course, every attention is paid to the man's abilities, tastes and attainments. No useless studies are undertaken. Every study must be of value from a reformative point of view and also from an educational one. That is, it must serve to correct bad and wandering habits Upon entering the class room each student receives a printed slip which gives an outline of the lesson to be studied. This serves to convey an idea of the When English literature was first introduced the men regarded it as an imposition. They did not know what the new study meant nor what was expected of them. A great amount of coaxing and gentle treatment was necessary to overcome the general bewilderment. The first examination passed off measurably well. Soon a change took place and English literature rose rapidly to become the most favourite study. The demand upon the librarian for the supply of Marked success from a Reformatory point of view has attended this study, and the men enthusiastically enter upon a new and broader life. The late Prof. S. R. Monks, for twelve years Lecturer at the Reformatory, says:—"But does such education contribute to the reformation of the criminal and the protection of the public?" Unqualifiedly and unhesitating I answer, Yes. Men are found to acquire in this school month by month a growing application of better things, a readier apprehension of truth and a heartier sympathy with virtue, and best of all, a greater capacity for sustained and consistent effort in practical undertakings. These transformations are the successive steps of a real reformation, and every step puts the man at a greater and safer distance from past shiftlessness and viciousness. "The virtues," says Felix Adler, "depend in no small degree on the power of serial and complex thinking," but, continues that practical philosopher, "the ordinary studies of the school exercise and develop this faculty of serial and complex thinking. Any sum in multiplication gives a training of this kind." It is hardly possible to exaggerate the benefit that true education will confer on one who has come under the condemnation of the law. His improved education will counter-balance some of the disgrace of his past criminality; it will with industrial training extricate The charge is sometimes made that the criminal is made more dangerous by education. The assertion begs all it carries. It assumes that education strengthens character but does not transform character which is false for it does both.... No man can use his mind in the careful investigation of moral principles, and become thereby merely a more dangerous cheat. No man who has opened his eyes to see the revelations of eternal wisdom and goodness written in letters of light on all the handiwork of Nature, can be made thereby merely a more dangerous villain. On the contrary, every hour of honest search after reality, of careful industry governed by principles and lined to accuracy, every hour spent in happy contemplation of wisdom and goodness, wherever manifested will make the man forever the better for it. Physical Culture.—This Department of the Reformatory falls into three divisions—the Gymnastic, the Military and the Manual. The Gymnastic.—The idea of a gymnasium within a gaol must deliver no small shock to the prejudices of many, but in studying the Elmira system we must endeavour to keep before us the end Neither is there any cause to think that the prisoners are getting too good a time, and that, being treated better than the industrious worker, a premium is being offered to crime. The investigation of the authorities has revealed no case in which a man has entered the institution on account of advantages offered. To criminals they are not realised as advantages. They understand them only as the rough road leading to their release, and it is about the last thing for men of shiftless, lazy, inconsequent habits of mind and body, to suppose that they are having a good time when sent to a gymnasium every morning for two hours' steady work. Work which brings all the muscles of the body into play and which demands the fixed attention of the mind and its submission to the word of command from the instructor, is many times more distasteful than the "hard labour" of lazily cracking stones. Until 1900 the whole prison population went through a regular gymnastic course. This is now changed and assignments are made to the gymnasium only upon the certificate of the physician. All new arrivals however spend a period, averaging about five weeks, in the "awkward squad," half of whose morning time is spent in the gymnasium. They come in The course of treatment prescribed for these is one which brings into exercise all their latent muscular power. Special attention is paid to deformities and weaknesses resulting from any cause whatsoever. Turkish baths, swimming baths and massage also play an important part in their treatment and help to bring the dregs of disease, the results of excessive drink and the use of tobacco, out of their systems. The effects of such treatment are at the end of a few weeks very apparent. The body is supple, the carriage is erect, the cutaneous, circulatory, muscular and nervous systems are in a healthy state, and the stupid, bewildered or stolid expression has given way to one of manly concern. At the end of five weeks most of the men graduate from the awkward squad and engage in the work of other departments. Some, however, for various reasons have to remain for a longer period of physical exercise. The majority of these are classified into three groups: I. Mathematical Dullards. II. Deficient in self-control. II. Stupids. These groups are described by Dr Hamilton Wey in his report for 1896 as follows:— Group II.—Those deficient in self-control. The members of Group II, compared with those of Groups I and III, are physically of better quality. In general appearance they show a better all-round physical development, and in some instances the deteriorating effects of sexual abnormality were not so apparent, this class would, in the performance of athletics, compare favourably with the scholar outside prison walls. In the general performance of their work they have shown more interest than either Group I or III, and in some instances have acquired skill in some of their athletic branches. The tendency of the athletics selected for this group by the Gymnasium Director was of a nature conducive to the cultivation and encouragement of self-control and self-reliance among its members as shown by the spirit of good-fellowship displayed by the successful towards the unsuccessful player, and in a measure subduing the ebullition of passion and the spirit of jealousy that formerly influenced their every notion in competitive contests.... It can be safely asserted that one essential feature in athletics, viz., will-power, which was conspicuous at the first by its absence, has been strengthened and inculcated, especially in this group. Group III.—The Stupids. The members of this group are not far above the standard of feeble-minded boys. They are what might be termed "all-round defectives." The object of the athletics selected for this group has been to awaken and arouse them from that lethargic state into which they periodically relapse. This has been in a measure accomplished, a great aid to which has been the daily rain bath. The following physical defects (some of which have been remedied wholly or in part) come under my observation: general weakness, weak chest (respiratory organs), bent carriage of the body, stiffness of wrist, joints, and clumsy movements of fingers, spinal curvature, extreme (comparative) development of right arm. To overcome these defects systematic exercise was necessary, including free-hand exercises, club-swinging, dumb-bell exercise, etc., meted out according to the respective deficiencies and requirements of the men. This group also spent one Military Instruction.—Military drill was introduced into the Reformatory as a direct outcome of the Prisons Bill of 1888 which forbade all machine labour in prisons being conducted for profit. The statute requiring the "shutting down" of all industrial plants the work of the institution was practically brought to a standstill. In this difficulty the management conceived the idea of forming a military regiment. Most beneficial results immediately followed. The men began to walk with more erect carriage and to respond to quick words of command. Besides this, the open-air exercise developed their lung-power and stimulated their circulatory system. A pride in their performance was also inspired by the opportunity given to rise through the different ranks to that of lieutenant. Above all, good habits of discipline were cultivated. Although the circumstances that rendered necessary the introduction of military drill have passed away, yet the organization has been found of such great reformatory value that it has become an integral part of the Elmira system. The regiment consists of sixteen companies, four companies to the battalion, company roll of about seventy. The colonel's staff is composed of colonel, So far as is possible the regiment is drilled on exactly the same lines as those observed by the United States army. Manual Training.—Manual training was introduced into the Reformatory in 1895. The number of men who had been in the institution for a considerable period of time and upon whom the ordinary reformative measures exerted little influence rendered the adoption of some other means absolutely necessary. The men, with whom the ordinary methods failed, belonged to the defective classes already described as mathematical dullards, deficient in self-control, and stupids. The habits of vice seem to have wrought such a destructive work upon the will-power of these men that in order to repair it some potent influence would have to be brought into operation. The conception was to entirely disengage the mind of its connection with the past and to concentrate it upon healthy, useful and interesting work. Habit produces character, and if the old habits of thought could be destroyed and new ones implanted it would naturally follow that the character would be improved It was with this knowledge that the managers introduced manual training into the Reformatory. As the usefulness of manual training (Sloyd) is described in a preceding chapter no more need be said upon its value as a factor in education now. It needed the greatest skill on the part of the managers to adopt the various Sloyd exercises to the requirements of the different defectives, but each year has given additional proof of their success, and its inclusion in the reformatory system was amply justified. In 1899 it was discontinued on account of the small appropriation that was made for the maintenance of the institution, making it necessary to curtail expenses. Before the abolition of Sloyd the following course was employed for defectives:— (With each year the group was divided into three terms, there being 17 weeks in each term and 35 hours in each week.) GROUP I.—(Mathematical Dullards.) First Term. Mechanical drawing, Sloyd, athletics, and calisthenics, clay-modelling, and mental arithmetic. Second Term. Card-board construction takes the place of clay-modelling. Wood-turning instead of card-board construction. GROUP II.—(Deficient in self-control.) First Term. Athletics and calisthenics, geometric construction involving the intersection of solids, etc., wood-turning, pattern making, mechanical drawing and Sloyd. Second Term. Athletics and calisthenics, wood-carving, clay-modelling, mechanical drawing and Sloyd. Third Term. Athletics and calisthenics, chipping and filing, moulding, mechanical drawing and Sloyd. GROUP III.—(Stupids.) First Term. Athletics and calisthenics, free-hand drawing from solids and familiar objects, elementary Sloyd, clay-modelling, mental arithmetic, and sentence building. Second Term. Sloyd, free-hand drawing, wood-carving, mental arithmetic, and calisthenics. Third Term. Sloyd, free-hand drawing, wood-turning, athletics and mental arithmetic. The Trades' School.—Of all crimes, about 95 per cent. are committed against property. It therefore appeared imperative to the management of the Under conditions of free life it would be impossible to teach these men a trade. In their haunts of crime the criminals live a lazy ambitionless life and regard work as an evil to be avoided; the reformatory system, however, captures his interest on behalf of industry by making his liberty depend upon his having reached the status of an honest and enthusiastic tradesman. Two or three days after his arrival the newly committed prisoner is personally interviewed by the superintendent. This interview, which is in the nature of an exhaustive examination, generally discloses the species of criminality to which his crime belongs. This knowledge is made the basis of the plan which is then formulated for the course of treatment to which he will be submitted. In the selection of a trade, the prisoner is given the opportunity of choosing for himself. If the choice show sincerity and intelligence, he is applied to it. If, on the other hand, it should reveal mere indifference or a desire to shirk hard work, the managers The work is graduated according to his ability to make progress, and care is taken to so arrange his course that he shall be taught thoroughly all the fundamental principles of his trade. The ordinary apprentice works so that he will be able to fulfil the orders that are given to his master. The consequence of this is that two ideas exist, the apprentice having the desire to learn a trade, his master desiring to profit by his work. The end of the apprentice is served by constantly advancing to new work, even though this should mean the loss of time and the waste of material; his master's object is attained by The value of this industrial training extends beyond the providing the means of obtaining an honest livelihood, for by making release depend upon success, interest is thereby combined with industry. This combination is bound to react upon the voluntary system and produces a moral effect. Again it re-acts, this time beneficially upon the character of the man. The following is a list of all the trades taught in the Reformatory:—
The Results of the System.—English critics have regarded the system as being somewhat extravagant and as placing the honest labourer at a disadvantage to the criminal. This criticism has been considerably weakened of late years and the results investigated instead of being imagined. The most careful investigation has made it impossible to deny that the Reformatory achieves all that it claims to, viz.:—that it contributes nothing to the strengthening of the criminal habit Lombroso speaks of the system as a practical application of the results of the science of Criminology. Should the system be adopted in other countries, it would need to be so translated that it would accord with the traditions and customs of the people. FOOTNOTES: |