measure
exactly (although the measure itself can never be determined with
exactitude) is the criminal by-product. In a large measure he is
responsible (entire responsibility is conceivable), and it is this sense
of responsibility which makes it possible to carry out his treatment.
Large industries find that their by-products are an important asset and
to disregard them would be ruinous. Mr Frazer in his book "America at
Work" states that the expenses of the meat-packers of Chicago for 1901
amounted to L150,244,848. The sales of meat realised L124,263,998, and
yet a net profit of L6,767,638 resulted. What appears to be a paradox is
explained by the fact that a sum of no less than L32,748,488 resulted
from the sale of by-products. All the waste must be turned to dollars.
Commercial advance has certainly out-stripped social advance, and
apparently for the reason that whereas in commerce a pig's tail is
regarded as an important asset, in our social system the criminal and
the weakling are regarded as a heavy liability. When the point of view
is changed society will advance more rapidly. So, too, society finds
that it must utilise its by-products and to devise means which it can
bring to bear upon the criminal, so as to bring him to a state of
usefulness. The enormity of the crime and the degree of criminality are
alike impossible to estimate, therefore it is also impossible to define
a punishment which makes an attempt to recognise any of these qualities.
It is, however, quite possible to determine within very fair limits the
continuance of the criminal habits, also the value from a reformatory
point of view, of various social influences, and further there exists
the power to apply these influences. To sum up--society possesses within
itself the power to reform its criminals (to utilise its by-products)
and to determine when they have been reformed.
Separation from society is rendered absolutely necessary by the
criminal's own behaviour, if by his behaviour he shows that he is not
capable of using freedom profitably. But if his separation is to serve
any real purpose whatever it must be accompanied by an educational
process which will work him back to that point where he left the social
track and then so propel him forward that he may recover his lost
ground, and when restored to society be enabled to identify himself with
its progressive system.
So far our penal system is a mistake. Whatever it may be theoreticall
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