ow.
Their first step is to borrow or to sell what they can to provide means
for his defense. Everything else is cast aside. Day after day they visit
the jail and the lawyer, contriving means to save liberty or life. When
the trial comes, they watch through its maze in a dazed, bewildered way.
They know that the man they love is not the one who is painted in the
court room, and at least to them he is not. If he is convicted and goes
to prison for a term of years, then month by month the faithful family
goes to see him for an hour in the prison, visiting across the table in
open view of guards and others as unfortunate as they. The family
follows all sorts of advice and directions and seeks out many hopeless
clews for men of influence and position who can unlock prison doors. The
weeks run into months and the months into years, and still many of them
keep up their hopeless vigil; some are driven to drudgery, some to
crime, some to destruction for the man whom the state has punished that
society may be improved. It is safe to say that the state ruins at least
one other life for every victim of the prison.

No provision is made for the dependent families of the wretched man.
Ruthlessly society sends the man to prison and sees the daughter leave
school, a mere child, and go to work. What becomes of her it does not
know or care. It seems not to know that she exists. The state sees the
convict's boy working at casual tasks and growing up on the streets,
while his father is paying the penalty of his act. He may on this
account follow his father to jail; it is not society's concern.

Assuming that an offender must be confined for the protection of
society, as some no doubt must be, still the effect on the family and
how to prevent its destruction should be among the first concerns in the
disposition of the case.

XXII

EVOLUTION OF PUNISHMENT

Among primitive peoples the penal code was always short. Desire for
property had not taken possession of their emotions. Their lives were
simple, their adjustments few, and there was no call for an elaborate
code of prohibited acts. Their punishments were generally simple, direct
and severe: usually death or banishment which often meant death,
sometimes maiming and branding, so that the offender might serve as a
constant warning to others.

Primitive peoples early asked questions about their origin and destiny.
The unknown filled most of the experiences of their lives. The r