Part 12

With all our boasted reforms, our great social changes, and our far-reaching discoveries, human beings continue to be sent to the worst of hells, wherein they are outraged, degraded, and tortured, that society may be "protected" from the phantoms of its own making.

Prison, a social protection? What monstrous mind ever conceived such an idea? Just as well say that health can be promoted by a widespread contagion.

After eighteen months of horror in an English prison, Oscar Wilde gave to the world his great masterpiece, THE BALLAD OF READING GOAL:

The vilest deeds, like poison weeds, Bloom well in prison air; It is only what is good in Man That wastes and withers there. Pale Anguish keeps the heavy gate, And the Warder is Despair.

Society goes on perpetuating this poisonous air, not realizing that out of it can come naught but the most poisonous results.

We are spending at the present $3,500,000 per day, $1,000,095,000 per year, to maintain prison institutions, and that in a democratic country,--a sum almost as large as the combined output of wheat, valued at $750,000,000, and the output of coal, valued at $350,000,000. Professor Bushnell of Washington, D.C., estimates the cost of prisons at $6,000,000,000 annually, and Dr. G. Frank Lydston, an eminent American writer on crime, gives $5,000,000,000 annually as a reasonable figure. Such unheard-of expenditure for the purpose of maintaining vast armies of human beings caged up like wild beasts!

Yet crimes are on the increase. Thus we learn that in America there are four and a half times as many crimes to every million population today as there were twenty years ago.

The most horrible aspect is that our national crime is murder, not robbery, embezzlement, or rape, as in the South. London is five times as large as Chicago, yet there are one hundred and eighteen murders annually in the latter city, while only twenty in London. Nor is Chicago the leading city in crime, since it is only seventh on the list, which is headed by four Southern cities, and San Francisco and Los Angeles. In view of such a terrible condition of affairs, it seems ridiculous to prate of the protection society derives from its prisons.

The average mind is slow in grasping a truth, but when the most thoroughly organized, centralized institution, maintained at an excessive national expense, has proven a complete social failure, the dullest must begin to question its right to exist. The time is past when we can be content with our social fabric merely because it is "ordained by divine right," or by the majesty of the law.

The widespread prison investigations, agitation, and education during the last few years are conclusive proof that men are learning to dig deep into the very bottom of society, down to the causes of the terrible discrepancy between social and individual life.

Why, then, are prisons a social crime and a failure? To answer this vital question it behooves us to seek the nature and cause of crimes, the methods employed in coping with them, and the effects these methods produce in ridding society of the curse and horror of crimes.

First, as to the NATURE of crime:

Havelock Ellis divides crime into four phases, the political, the passional, the insane, and the occasional. He says that the political criminal is the victim of an attempt of a more or less despotic government to preserve its own stability. He is not necessarily guilty of an unsocial offense; he simply tries to overturn a certain political order which may itself be anti-social. This truth is recognized all over the world, except in America where the foolish notion still prevails that in a Democracy there is no place for political criminals. Yet John Brown was a political criminal; so were the Chicago Anarchists; so is every striker. Consequently, says Havelock Ellis, the political criminal of our time or place may be the hero, martyr, saint of another age. Lombroso calls the political criminal the true precursor of the progressive movement of humanity.

"The criminal by passion is usually a man of wholesome birth and honest life, who under the stress of some great, unmerited wrong has wrought justice for himself."

Mr. Hugh C. Weir, in THE MENACE OF THE POLICE, cites the case of Jim Flaherty, a criminal by passion, who, instead of being saved by society, is turned into a drunkard and a recidivist, with a ruined and poverty-stricken family as the result.

A more pathetic type is Archie, the victim in Brand Whitlock's novel, THE TURN OF THE BALANCE, the greatest American expose of crime in the making. Archie, even more than Flaherty, was driven to crime and death by the cruel inhumanity of his surroundings, and by the unscrupulous hounding of the machinery of the law. Archie and Flaherty are but the types of many thousands, demonstrating how the legal aspects of crime, and the methods of dealing with it, help to create the disease which is undermining our entire social life.

"The insane criminal really can no more be considered a criminal than a child, since he is mentally in the same condition as an infant or an animal."

The law already recognizes that, but only in rare cases of a very flagrant nature, or when the culprit's wealth permits the luxury of criminal insanity. It has become quite fashionable to be the victim of paranoia. But on the whole the "sovereignty of justice" still continues to punish criminally insane with the whole severity of its power. Thus Mr. Ellis quotes from Dr. Richter's statistics showing that in Germany, one hundred and six madmen, out of one hundred and forty-four criminal insane, were condemned to severe punishment.

The occasional criminal "represents by far the largest class of our prison population, hence is the greatest menace to social well-being." What is the cause that compels a vast army of the human family to take to crime, to prefer the hideous life within prison walls to the life outside? Certainly that cause must be an iron master, who leaves its victims no avenue of escape, for the most depraved human being loves liberty.

This terrific force is conditioned in our cruel social and economic arrangement. I do not mean to deny the biologic, physiologic, or psychologic factors in creating crime; but there is hardly an advanced criminologist who will not concede that the social and economic influences are the most relentless, the most poisonous germs of crime. Granted even that there are innate criminal tendencies, it is none the less true that these tendencies find rich nutrition in our social environment.

There is close relation, says Havelock Ellis, between crimes against the person and the price of alcohol, between crimes against property and the price of wheat. He quotes Quetelet and Lacassagne, the former looking upon society as the preparer of crime, and the criminals as instruments that execute them. The latter find that "the social environment is the cultivation medium of criminality; that the criminal is the microbe, an element which only becomes important when it finds the medium which causes it to ferment; EVERY SOCIETY HAS THE CRIMINALS IT DESERVES."

The most "prosperous" industrial period makes it impossible for the worker to earn enough to keep up health and vigor. And as prosperity is, at best, an imaginary condition, thousands of people are constantly added to the host of the unemployed. From East to West, from South to North, this vast army tramps in search of work or food, and all they find is the workhouse or the slums. Those who have a spark of self-respect left, prefer open defiance, prefer crime to the emaciated, degraded position of poverty.

Edward Carpenter estimates that five-sixths of indictable crimes consist in some violation of property rights; but that is too low a figure. A thorough investigation would prove that nine crimes out of ten could be traced, directly or indirectly, to our economic and social iniquities, to our system of remorseless exploitation and robbery. There is no criminal so stupid but recognizes this terrible fact, though he may not be able to account for it.

A collection of criminal philosophy, which Havelock Ellis, Lombroso, and other eminent men have compiled, shows that the criminal feels only too keenly that it is society that drives him to crime. A Milanese thief said to Lombroso: "I do not rob, I merely take from the rich their superfluities; besides, do not advocates and merchants rob?" A murderer wrote: "Knowing that three-fourths of the social virtues are cowardly vices, I thought an open assault on a rich man would be less ignoble than the cautious combination of fraud." Another wrote: "I am imprisoned for stealing a half dozen eggs. Ministers who rob millions are honored. Poor Italy!" An educated convict said to Mr. Davitt: "The laws of society are framed for the purpose of securing the wealth of the world to power and calculation, thereby depriving the larger portion of mankind of its rights and chances. Why should they punish me for taking by somewhat similar means from those who have taken more than they had a right to?" The same man added: "Religion robs the soul of its independence; patriotism is the stupid worship of the world for which the well-being and the peace of the inhabitants were sacrificed by those who profit by it, while the laws of the land, in restraining natural desires, were waging war on the manifest spirit of the law of our beings. Compared with this," he concluded, "thieving is an honorable pursuit."

Verily, there is greater truth in this philosophy than in all the law-and-moral books of society.

The economic, political, moral, and physical factors being the microbes of crime, how does society meet the situation?

The methods of coping with crime have no doubt undergone several changes, but mainly in a theoretic sense. In practice, society has retained the primitive motive in dealing with the offender; that is, revenge. It has also adopted the theologic idea; namely, punishment; while the legal and "civilized" methods consist of deterrence or terror, and reform. We shall presently see that all four modes have failed utterly, and that we are today no nearer a solution than in the dark ages.

The natural impulse of the primitive man to strike back, to avenge a wrong, is out of date. Instead, the civilized man, stripped of courage and daring, has delegated to an organized machinery the duty of avenging his wrongs, in the foolish belief that the State is justified in doing what he no longer has the manhood or consistency to do. The majesty-of-the-law is a reasoning thing; it would not stoop to primitive instincts. Its mission is of a "higher" nature. True, it is still steeped in the theologic muddle, which proclaims punishment as a means of purification, or the vicarious atonement of sin. But legally and socially the statute exercises punishment, not merely as an infliction of pain upon the offender, but also for its terrifying effect upon others.