a fault by means of
corresponding punishment. We might reply that no human judge can use any
other but the grossest scale by which to determine whether you are
responsible to the extent of the whole, one half, or one third. And
since there is no absolute or objective criterion by which the ratio of
crime to punishment can be determined, penal justice becomes a game of
chance. But we content ourselves by pointing out that segregation for an
indefinite time has so much truth in it, that even the most orthodox of
the classic school admit it, for instance in the case of criminals under
age. Now, if an indeterminate sentence is a violation of the principles
of the classic school, I cannot understand why it can be admitted in the
case of minors, but not in the case of adults. This is evidently an
expedient imposed by the exigencies of practical life, and only the
positive school of criminology can meet them by a logical
systematization. For the rest, indefinite segregation, such as we
propose for the most dangerous atavistic criminals, is a measure which
is already in use for ordinary lunatics as well us for criminal
lunatics. But it may be said that this is an administrative measure, not
a court sentence. Well, if any one is so fond of formulas as to make
this objection, he may get all the fun out of them that he likes. But it
is a fact that an insane person who has committed a crime is sent to a
building with iron bars on its gates such as a prison has. You may call
it an administrative building or a penal institute, the name is
unessential, for the substance alone counts. We maintain that congenital
or pathological criminals cannot be locked up for a definite term in any
institution, but should remain there until they are adapted for the
normal life of society.

This radical reform of principles carries with it a radical
transformation of details. Given an indeterminate segregation, there
should be organs of guardianship for persons so secluded, for instance
permanent committees for the periodical revision of sentences. In the
future, the criminal judge will always secure ample evidence to prove
whether a defendant is really guilty, for this is the fundamental point.
If it is certain that he has committed the crime, he should either be
excluded from social intercourse or sentenced to mate good the damage,
provided the criminal is not dangerous and the crime not grave. It is
absurd to sentence a man to five or six days impr