a much less effective weapon for dealing with crime
among Continental peoples, and in the United States,
than it has shown itself to be in Great Britain; but
this failure arises in the main from the laxity and
indulgence with which criminals are treated in foreign
prisons. A prison to possess any reformative
value must always be made an uncomfortable place to
live in; Continental peoples and the people of America
have to a large extent lost sight of this fact; hence
the failure of their penal systems to stop the growth
of the delinquent population. If, however, imprisonment
is not allowed to degenerate into mere detention,
it is bound to act as a powerful deterrent upon grown-up
offenders, and it is the only menace which will effectually
keep many of them within the law. The hope of
reward and the fear of punishment, or, in other words,
love of pleasure, and dread of pain, are the two most
deeply seated instincts in the human breast; if Mr.
Darwin’s theory be correct, it is through the
operation of these fundamental instincts that such
a being as man has come into existence at all.
In any case these instincts have hitherto been the
chief ingredients of all human progress, the most
effective spur to energy of all kinds, and when properly
utilised they are the most potent of all deterrents
to crime. Were it possible for the hand of social
justice to descend on every criminal with infallible
certainty; were it universally true that no crime
could possibly escape punishment, that every offence
against society would inevitably and immediately be
visited on the offender, the tendency to commit crime
would probably become as rare as the tendency of an
ordinary human being to thrust his hand into the fire.
The uncertainty of punishment is the great bulwark
of crime, and crime has a marvellous knack of diminishing
in proportion as this uncertainty decreases.
No amelioration of the material circumstances of the
community can destroy all the causes of crime, and
till moral progress has reached a height hitherto attained
only by the elect of the race, one of the most efficient
curbs upon the criminally disposed will consist in
increasing the probability of punishment.
[33] Cf. Tarde Philosophie
Penale, p. 467.
In proportion as the probability of being punished
is augmented, the severity of punishment can be safely
diminished. This is one of the paramount advantages
to be derived from a highly efficient police system.
The barbarity of punishments in the Middle Ages is
always attributed by historians to the barbarous ideas
of those rude times. But this is only partially
true; one important consideration is overlooked.
In the Middle Ages it was extremely difficult to catch
the criminal; in fact, it is only within the present
century that an organised system for effecting the
capture of criminals has come into existence.
The result of the nebulous police system of past times
was that very few offenders were brought to justice