« THE MAKING 
 
 OF THE CRIMINAL 
 
 RUSSELL AND RIGBY 
 
 
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THE MAKING OF THE CEIMINAL 
 
THE 
 
 MAKING OF THE CEIMINAL 
 
 BY 
 
 CHAELES E. B. EUSSELL 
 
 HON. SEC. HEYROD STREET LADS' CLUB, ANCOATS, MANCHESTER 
 AOTHOR OF ' MANCHESTER BOYS ' 
 
 AND 
 
 L. M. EIGBY 
 
 Hontion 
 MACMILLAN AND CO., Limited 
 
 NEW YORK : THE MACMILLAN COMPANY 
 
 1906 
 
 All rights reserved 
 
We wish to thank all who have helped us in the 
 preparation of this book for the press, particularly 
 Mr. Ernest T. Campagnac, who suggested our collabora- 
 tion, has encouraged us throughout with interest and 
 advice, and who, finally, revised and corrected the 
 MS. ; Mr. James G. Legge, late Chief Inspector of 
 Eeformatory and Industrial Schools, who contributed 
 much valuable information, especially in connection 
 with Chapter III. ; Herr von Westhoven, Hauptmann 
 a. D., who supplied the greater part of the German 
 materials for our subject ; and Mr. F. P. Gibbon. 
 
 Among books we have found specially useful 
 and suggestive we may mention the works of Mr. 
 Havelock EUis, Mr. "W. Douglas Morrison, Dr. J. M. 
 Baernreither, Drs. B^la Kun and Etienne Laday, Mr. 
 Graham Balfour, and the articles of Miss Eosa M. 
 
 Barrett. 
 
 C. E. B. E. 
 
 L. M. E. 
 
CONTENTS 
 
 PAGE 
 
 Introduction ■■...... xi 
 
 CHAPTER I 
 The Young Outcast .1 
 
 CHAPTER II 
 
 Obphaned at Seventeen . . . . . .17 
 
 CHAPTER III 
 
 The Lapsed Industrial or Eepormatoby School Boy 24 
 
 CHAPTER IV 
 
 Turned Out of Home . . . . . .41 
 
 CHAPTER V 
 
 The Vagrancy Laws and Young Offenders . . 56 
 
 vii 
 
viii THE MAKING OF THE CEIMINAL 
 
 CHAPTER VI 
 
 PAGE 
 
 Obstruction and Railway Trespass . . .75 
 
 CHAPTER VII 
 
 The Young Thief 80 
 
 CHAPTER VIII 
 
 The Development op the Criminal ... 88 
 
 CHAPTER IX 
 Possible Eemedies . 94 
 
 CHAPTER X 
 
 The Borstal System . .118 
 
 CHAPTER XI 
 
 Probation-Opficbrs ....... 132 
 
 CHAPTER XII 
 
 Peobation-Opficers and Children's Courts . . 155 
 
 CHAPTER XIII 
 
 Foreign and Colonial Reformative Methods . 175 
 
CONTENTS ix 
 
 CHAPTEE XIV 
 
 PAGE 
 
 Methods of Treatment or Juvenile Opfendees in 
 
 England, 1756-1906 202 
 
 APPENDIX 
 
 France ......... 229 
 
 Germany . . . ■ 250 
 
 Holland ......... 279 
 
 Hungary ......... 287 
 
 Canada 317 
 
 Victoria 319 
 
 United States of America . . . . .321 
 
 The Prison and Young Offenders . .333 
 
 The Failure of Prison Treatment . . .335 
 
 Desirability of extending Age of Admission to 
 
 Reformatory Schools . . . . .337 
 
 Cellular Confinement . . . . . .339 
 
 Children's Courts and Children's Probation- 
 Officers ........ 340 
 
 Probation and Probation-Officers .... 346 
 
 INDEX 
 
 359 
 
INTRODUCTION 
 
 In a small volume published in 1905 one of the 
 present writers tried to give an account of the 
 lives of ordinary lads at work and play. Our 
 present endeavour is to discuss the circumstances 
 of those who are unhappy enough to be described 
 in general terms as " Young Criminals," dealing 
 more particularly with those who have passed 
 the age of sixteen, and are technically known as 
 " Juvenile- Adults." 
 
 For many years concern for the welfare of 
 the young has been increasing, and innumerable 
 agencies exist for improving the condition and 
 brightening the prospects of unfortunate and 
 refractory children. In nearly all of our cities 
 a boy found destitute and homeless, or guilty 
 of crime or misdemeanour, can at once be 
 placed in a really excellent Home, and given 
 every possible chance for the future. But he 
 
xii THE MAKING OF THE CEIMINAL 
 
 must be under sixteen. Beyond that age 
 neither the Certified Reformatories nor, with 
 rare exceptions, the voluntary establishments 
 will receive him, and the nearer he approaches 
 to it the less readily will he gain admission to 
 the latter. For the authorities of Homes sup- 
 ported only by the contributions of the charit- 
 able naturally hesitate to admit a boy for 
 whom at the outset it appears probable that 
 little can be done. There is an extraordinary 
 lack of interest in youths of sixteen to twenty- 
 one years who, for one reason or another, are 
 confronted by the alternative, " Starve or Steal." 
 Lads of solid character and sound upbringing 
 will swim against the strongest current ; it is 
 not such we have to consider, but those who 
 easily drift towards the turbid depths of 
 criminality. 
 
 There can be no doubt that boys of this 
 advanced age are exceedingly difficult to deal 
 with. When boyhood is merging into man- 
 hood, when life's possibilities are rising before 
 their imaginations, when strong new impulses 
 for independence and self-realisation, impulses 
 they have not learnt to analyse and control, are 
 assailing them — at this most critical period they 
 
INTRODUCTION xiii 
 
 may find themselves not only cut off from all 
 that makes life dear to the more fortunate, but 
 plunged in actual hopeless misery. Advice and 
 interference, when forthcoming at all, are likely 
 to be resented unless accompanied by much 
 tact, and many a lad will rather sink in the 
 mire than pull himself up by grasping a hand 
 he regards with suspicion. The usual argument 
 that at this age a youth is old enough to look 
 after himself does not meet the case, for, even if 
 he is, it is not easy to discover how he is to do 
 so without money, home, friends, work, or 
 decent clothes in which to seek work. Boys 
 who are predisposed to a criminal career are, as 
 a rule, backward and stunted in body and mind, 
 and to regard them as adults because they are 
 over sixteen is the height of stupidity. 
 
 What father considers his sixteen -year -old 
 son at a public school as an adult ? Yet the 
 average public school boy at sixteen is in 
 physique and reasoning power far ahead of the 
 ill -nurtured boy of the slums, superficially 
 " smart " and resourceful though the latter may 
 be. It is also illogical and one-sided that a 
 person who as a minor has not full civil rights 
 should be subject to the same penalties as 
 
xiv THE MAKING OF THE CEIMINAL 
 
 those who may enjoy a fuller measure of 
 citizenship. 
 
 As a result of our extraordinary method of 
 dealing with young offenders, above all of the 
 useless short sentences of imprisonment for such 
 misdemeanours as Sleeping-out and Begging, the 
 ranks of the criminal classes are being constantly 
 recruited, and this very method, which ostensibly 
 aims at repressing crime, is in itself a potent and 
 fertile agent in the manufacture of adult crimi- 
 nals. Very few people realise how unjust, short- 
 sighted, and futile it is — few, indeed, give a 
 moment's thought to the subject at all. Yet it 
 is one that concerns every man, woman, and 
 child. For, to use the time-worn metaphor, we 
 are all members of one body — the State, and 
 just as a sore on our little finger makes our 
 whole body less perfect, may indeed rob it of its 
 joy in being, so every criminal is in the State a 
 diseased member, whose existence affects the 
 health and happiness of the rest. Not only is 
 there the negative evil — the loss of a potential 
 good and strength — but the positive — the con- 
 stant menace to other individuals which the 
 presence of such persons among them implies, 
 the actual harm which they do, the cost of their 
 
INTEODUCTION xv 
 
 maintenance, above all the cost of elaborate 
 protective and repressive machinery. What 
 happiness for the community might be purchased 
 at the cost of our prisons and police ! 
 
 But it is to higher considerations than these 
 that the simple facts appeal, and we wish, by 
 pointing out some of these facts, to make the 
 need for a revision of our present system more 
 widely felt, and to indicate the lines on which 
 it may confidently be attempted. After trying 
 therefore to show how various types of youths 
 sink to the verge of starvation and criminality, 
 how they are treated, and with what results, 
 we shall inquire how it may be possible to 
 improve on our existing methods, and, after a 
 brief discussion of the questions of Probation- 
 Officers and Children's Courts, we shall proceed 
 for the value of comparison to examine some of 
 those adopted in our Colonies, on the Continent, 
 and in America. 
 
 Such an inquiry should not fail to be interest- 
 ing and suggestive, and a plain account of how 
 these lads live should arouse a sympathy which 
 needs only sufficient grasp of the reality to make 
 it strong, and only sufficient strength to make it 
 active. There is in most men that instinct 
 
xvi THE MAKING OF THE CEIMINAL 
 
 which is one of the best heritages from boyhood, 
 the instinct for fair-play, and for giving every- 
 body " a chance." It is for this we would plead 
 on these youths' behalf, and we think we can 
 hold no better brief for them than by simply 
 describing the social conditions which drag them . 
 to disaster. If interest be stimulated, and a 
 more humane and reasonable way of treating 
 them adopted partly as a result of what is said 
 in the chapters of this book, the object with 
 which it has been published will have been 
 achieved. 
 
 CHAELES E. B. EUSSELL. 
 
 L. M. EIGBY. 
 
CHAPTER I 
 
 THE YOTJKG OUTCAST 
 
 Most of us have seen the young outcast as he 
 stood at the corner of a railway station, un- 
 kempt, dirty, ill -clad, often the picture of 
 misery, yet often, strangely enough, talking and 
 laughing merrily in the midst of a number of 
 youths of a precisely similar type. Or more 
 rarely perhaps we have met him late at night, 
 when, as we were on our way home from a 
 theatre or a concert, he has come up and in a 
 furtive, pitiful way asked for a copper to help 
 him to procure a night's lodging or a little food. 
 " Another of those wretched beggars ; they ought 
 to be all locked up," or, " Poor fellow, at any 
 rate I'll help him over to-night," are the general 
 thoughts aroused by his appeal, the one resulting 
 in the cold passing on, the other in the giving of 
 that little assistance which may mean so much 
 
 1 B 
 
2 THE MAKING OF THE CEIMINAL ch. 
 
 to the recipient. AYhichever impulse is followed, 
 the previous train of reflection or vacuity of 
 mind is promptly resumed, and no second 
 thought is given to the phenomenon. It is not 
 new, and it fails to impress us. There may have 
 been a time when those of us who were not city 
 bred felt a twinge as some realisation of contrast, 
 some distant echo of a natural sense of justice 
 flitted before our minds, only to be stifled with, 
 " It's no fault of mine. Something ought to be 
 done, but / can't do anything. It's no use 
 worrying." And so we pass on, comfortably 
 ignoring our individual responsibility. 
 
 Who is he^ — -this wretched-looking lad of 
 seventeen ? Why should he be in the state he 
 is ? Is it his own fault, or is there some horrid 
 social sore of which he is the product ? 
 
 Let us follow a typical career of a boy of this 
 class, of a boy who to all intents and purposes 
 is an outcast, for he knows no home, no real 
 relations or friends, and his very appearance and 
 evident general unfitness for the daily toil and 
 pressure of working-class life seem to alienate 
 from him the sympathies of all. He is too 
 clearly a loafer, a ne'er-do-well, one of the pro- 
 verbial dogs with a bad name. 
 
I THE YOUNG OUTCAST 3 
 
 In case after case close inquiry will lead to the 
 discovery that such a boy is what he is largely 
 as the result of his early environment. His 
 parents, it will be found, are often only so in 
 name. " Home " at the best means for him a 
 small cottage with only two or three rooms ; 
 possibly his family lodge in one room in some 
 dilapidated, dirty house in a mean, narrow street. 
 Within, too often, is a slatternly, ill-favoured, 
 idle, gossiping woman he knows for his mother, 
 since it is she who from his infancy has pushed 
 him, and smacked him, and kicked him, and 
 shrieked at him, with raucous voice and foul 
 words, but who has also tended him in several 
 sicknesses, and varied neglect with kindness and 
 rough affection in a manner strange and puzzling 
 to the observer, but for the fact that the mother's 
 instinct is always there. Many of- her most 
 fierce and wordy battles, indeed, have been with 
 her equally fiery neighbours who have, as she 
 thinks, maligned her son. Sprawling at the 
 door are his brothers and sisters, dirty, frequently 
 neglected, quarrelsome, often by their noisy 
 wailing exciting outbursts of harsh invective 
 from their elders. The father's presence, all too 
 likely, adds a fresh element of discord or of fear. 
 
4 THE MAKING OF THE CEIMINAL ch. 
 
 and both parents are associated in his mind, 
 along with happier memories, with scenes of 
 debauchery, drunkenness, and brutality. Not 
 that he deprecates such scenes, except in so far 
 as they result in bodily injury to himself; on 
 the contrary they may interest and divert him, 
 for he is " seeing life." In other rooms of the 
 same house, in some of the other houses in the 
 same street, he knows that similar lives are lived, 
 and similar streets are all around. It does not 
 strike him as strange ; it is his world. 
 
 Left to himself from the earliest possible age, 
 the boy has attended school but irregularly, and 
 has somehow, to his misfortune, escaped the 
 meshes of the Industrial Schools Act, most 
 probably owing to the frequent migrations of 
 his parents from street to street and district to 
 district to avoid the just demands of long- 
 suffering landlords. With scanty clothes, and 
 often still scantier meals, he has reached the age of 
 fourteen, and ceased to fear the School Attendance 
 OfHcer. He may, probably does, try at first to 
 obtain employment, and succeeds only to find 
 that no longer can he do just as he pleases. 
 This restraint, so unaccustomed and unwelcome, 
 he will not brook for long, and he soon gives up 
 
I THE YOUNG OUTCAST 5 
 
 his work, and tries his 'prentice hand at 
 "catching odd jobs" as it is termed — carrying 
 a box or parcel for a casual passer-by, holding 
 horses' heads, pulling a handcart, etc. So long 
 as the weekly tale of a few shillings is brought 
 home, the parents are content. Month after 
 month slips by, and the boy becomes more and 
 more undisciplined. Now he rarely goes home 
 at night, finding it more congenial to resort with 
 his fellows to some very undesirable lodging- 
 house, and spend what money he gets on him- 
 self — too little unfortunately on wholesome food, 
 but much on those luxuries of his life, gambling, 
 the cheap music-hall, and cigarettes. What little 
 self-respect he may once have had is fast dis- 
 appearing, and an absolute disregard for personal 
 cleanliness and appearance distinguishes him. 
 Work, regular work, he laughs at openly. Is it 
 not pleasanter to do just what one pleases, and 
 cannot he sometimes share in the excitement and 
 spoils of some petty theft ? If there is one 
 biblical injunction which such a lad obeys to the 
 letter it is " Take no thought for the morrow." 
 Why should he ? No ambition for a higher 
 kind of life has ever been aroused in him ; 
 civilisation has passed him by and left him to 
 
6 THE MAKING OF THE CKIMHSTAL ch. 
 
 fight a losing battle, armed only with the 
 primitive predatory instincts. Perhaps he sees 
 some steady, hardworking, lonely lad living a life 
 of dull monotony, only by constant effort and 
 slavish toil earning the necessaries of life, with 
 little margin of time or money or physical energy 
 for amusement. Surely he with his reckless 
 freedom is not in the main worse off! For at 
 present he is generally happy enough as he is, 
 far happier than he was as a small child, and if 
 he looks to the future at all he is at least true 
 Briton enough to rely on " muddling through 
 somehow." 
 
 There is still, however, the " home " in the 
 background — something that belongs to him 
 and to which he belongs. Until one day when 
 he chances to go to the accustomed house and 
 finds his parents have gone, and left no indica- 
 tion of their whereabouts. Now indeed he is 
 finally cast on his own resources ; he has no claim 
 on any one, no place of refuge when he is down 
 on his luck and needs a night's shelter. He does 
 not take any trouble to find his family, for he 
 feels they have played him a shabby trick, and 
 is offended, and in his way too proud to show 
 that he minds their disappearance. The decent 
 
I THE YOUNG OUTCAST 7 
 
 people in the same street say he is lazy — he 
 probably is ; none will help him, and he goes back 
 to the busy street to pick up his living as best 
 he can — an outcast. 
 
 Time passes, and the boy is now a young 
 fellow of eighteen, acquainted with every loose 
 way of earning a living. Has he been helped 
 in any way ? Is any hand stretched out to 
 stay his downward course ? Alas ! no ; for 
 the lads' clubs, brigades, etc., which attract 
 healthy -minded youths have no hold upon him. 
 He will not submit to their rules, his clothes are 
 so very poor that he does not like, as he says, 
 " to show himself up " by appearing in them, 
 especially if they are of a kind only affected by 
 the professional loafer or "ike"; he would have 
 an uncomfortable sense of inferiority amongst 
 the honest working lads he would meet there, he 
 is not in that set, and would be laughed at by 
 his fellow -pariahs if he attempted to enter it. 
 So nothing brings him in contact with those who 
 would help him if they could. 
 
 The next step is the first acquaintance with 
 the police-court. The thought is not new to 
 him ; he has feared it, and imagined all kinds of 
 horrors. So far he has managed to keep clear of 
 
8 THE MAKING OF THE OEIMINAL ch. 
 
 it, but to-day no one has wanted tlie wretched- 
 looking youth who has asked to carry a parcel ; 
 it has been raining hard, and under the shelter 
 of an umbrella the hurrying foot-passenger alto- 
 gether fails to notice the knots of human misery 
 at many a busy street corner. The hours have 
 slipped by ; it is midnight and the streets are 
 empty. Tired out after prowling about the 
 streets for hours, the boy perhaps lays his weary 
 body down on a dark doorstep, or steals into 
 some back yard to try and find shelter and rest 
 in a shed. What~ else can he do ? He knows 
 that if he wanders all night the law cannot 
 descend upon him, but he must have rest. He 
 sinks to sleep, but long before morning comes 
 the policeman on his beat, discovers him, wakes 
 him up, and takes him to the station to be 
 charged with " sleeping out," or being on " en- 
 closed premises," as the case may be. On this 
 first occasion he will probably be simply cau- 
 tioned and dismissed, but a sentence of seven 
 or fourteen days' imprisonment commonly follows 
 a second appearance. 
 
 The police, it may be said in passing, are 
 usually most kind to these boys when they are 
 not known as bad characters. They frequently 
 
1 THE YOUNG OUTCAST 9 
 
 procure food for them, and policemen often 
 pay their lodging fee. We have heard many an 
 officer say, " It hurts me to see a lad in the cells 
 the first time for ' sleeping out.' " It would be 
 no real kindness for the police to be more lax, 
 for you cannot cure a social sore by drawing a 
 blind over it. The police, by the performance 
 of their duty, keep the public informed of the 
 great mass of misery around them, and it is 
 well that this should be so. 
 
 The period of imprisonment over, the lad 
 leaves the gaol more of an outcast than ever, 
 and as a rule hardened and considerably the 
 worse in character. Nothing has been done by 
 the civil authorities to see if he can be set on 
 his feet ; his clothes are none the better for the 
 process of prison disinfecting ; and without a 
 coin in his pocket he leaves the gate. The Dis- 
 charged Prisoners' Aid Society and other 
 organisations do as much as they can, and it is 
 not a little, for these youths, but practically 
 limit their help to assisting them on their dis- 
 charge, whereas what they require is constant 
 supervision, care and incentive to work for, say, 
 twelve months.-' A boy who has been loafing 
 
 ^ In Germany, employes of the Discharged Prisoners' Aid Society 
 
10 THE MAKING- OF THE CEIMINAL oh. 
 
 all his life will not suddenly take to work even 
 if he has been given a good start. He inevitably 
 drifts back to the low lodging-house or a still 
 lower one, and resumes his previous manner of 
 life without any outward difference. But within 
 him is a great difference ; the bugbear of his 
 boyhood has been unmasked ; the prison has 
 lost all its terrors. The work in it was easy, 
 the meals regular if scanty, the cell not too un- 
 comfortable, at any rate better than a door-step. 
 Other lads, his friends now, have been there too, 
 think nothing of it, and deride his scruples ; 
 there is nothing to be ashamed of It is to the 
 feeling of shame, one of the finest, most delicate 
 and valuable feelings to which appeal might be 
 made, that this system of imprisonment for 
 minor offences is most ruthlessly fatal. " Suivons 
 la nature, qui a donn6 aux hommes la honte 
 comme leur fidau ; et que la plus grande partie 
 de la peine soit I'infamie de la souffrir," wrote 
 Montesquieu, more than 150 years ago.^ And it 
 is with something like despair at the obtuseness 
 of our legislators that we may read the following 
 
 visit annually eaoh prisoner assisted, paying special attention to the 
 younger oases. (SeeTcing and Saving, April 1900.) 
 ■* De VEsprit des Lois, Book VI. chap. xii. 
 
I THE YOUNG OUTCAST 11 
 
 sentences in a Special Report on Juvenile Depre- 
 dators issued by the Commissioners of Prisons. 
 
 There is another cause of the offences of youth 
 which most powerfully contributes to strengthen the 
 vicious propensities which they derive from every 
 other source. We refer to the corruption produced by 
 imprisonment. It is painful to reflect that the remedy 
 provided by law for the correction of the offender 
 should only tend to render him more criminal. Of 
 many children whom we have seen in prison we 
 hesitate not to af&rm that absolute impunity would 
 have been far less mischievous than the effects of 
 their confinement. 
 
 The first entrance of a boy into prison is almost 
 invariably accompanied with feelings of alarm. No 
 advantage, however, is taken of this favourable state 
 of mind to inculcate good impressions. 
 
 The foundation of every virtuous feeling becomes 
 gradually destroyed. He enters the prison a child in 
 years and not unfrequently also in crime. . . . 
 r . ■ 
 
 Those words were written, not this year, nor 
 last year, but seventy years ago, in 1836.^ 
 
 So gradually he sinks still lower. He prob- 
 ably takes to frequenting race-meetings, using 
 there all his wits, sharpened alas ! in only one 
 direction, to get the better of his fellows, and 
 
 1 See Appendix, pp. 333-334, for more recent opinions. 
 
12 THE MAKING OF THE OEIMINAL ch. 
 
 by roguery and fraud to obtain the money he so 
 quickly spends in evil ways among gamblers, 
 drunkards, and vile women. Year after year he 
 becomes a greater charge upon the State, some- 
 times in the workhouse, more often in the prison, 
 and now for more serious offences. He has 
 rapidly become one of that class most aptly 
 termed " unemployable," a loafer, a human 
 parasite, a source of misery to himself and of 
 danger to his fellows. 
 
 Such is the outcast youth of our great cities, 
 and such his fate, the victim of his parents' 
 neglect and of the wretched environment in 
 which he is placed. Yet with other methods of 
 treatment than those he met with when first 
 brought before the magistrates a result entirely 
 different might have, indeed most probably 
 would have, been obtained. As things now are, 
 his future is in a sense so hopeless because he 
 was not a worse boy, because he did not 
 flagrantly trangress the law at an earlier age. 
 Had he been guilty of some act which would 
 have secured his arrest some two years earlier, 
 he would have been sent to a Reformatory, and 
 trained to be far other than the human derelict 
 that he is. Had the catastrophe occurred yet 
 
1 THE YOUNG OUTCAST 13 
 
 earlier, he would have been sent to an Industrial 
 School, and had a still better chance of equip- 
 ment for life. Surely that reflection is a very- 
 severe commentary on our system. In many 
 other countries — so far is the land of Howard 
 from leading the van in these matters — age 
 would not so early have proved a disability. In 
 most of the United States of America he would 
 have been regarded as a possibly hopeful case 
 up to the age of thirty. He would have been 
 sent to a Eeformatory for a period only deter- 
 mined within certain limits, in Massachusetts, e.^. , 
 not to exceed two years for minor ofi'ences. He 
 would have been confined " primarily not for 
 doing what he did, but for being what he was," 
 and for having shown his " unfitness to be free." 
 Healthy reformative influences of every kind, 
 including recreation, would have been brought 
 to bear on him, he would have been taught to 
 work at whatever he showed most aptitude for, 
 and release would have depended on his being 
 able to show his fitness for it. He would thus 
 have had every inducement to qualify himself 
 by good conduct for independence and citizen- 
 ship. Only if there were a very strong presump- 
 tion that his release would be accompanied by 
 
14 THE MAKING OF THE CEIMINAL oh. 
 
 no danger to himself and society would it have 
 been unconditional. When the managers of the 
 Keformatory considered that the time was ripe, 
 and satisfactory employment had been found, he 
 would most probably have been released " on 
 parole," thus being enabled to find his footing in 
 society before being cast adrift with complete 
 liberty. There would have been no difficulty in 
 finding work for him, because his dismissal from 
 the Reformatory would have been regarded as 
 a guarantee of his fitness for social life. His 
 employer would have had to certify that he was 
 a suitable person to look after him until his final 
 release, and he would have had to report himself 
 every month to the superintendent of the insti- 
 tution he had left. He would still have remained 
 in its legal custody, and would have been liable 
 to be recalled to it at any time before the expiry 
 of the maximum term of his sentence. 
 
 In Hungary such a lad as our outcast is 
 eligible for admission to a Reformatory up to 
 any age, provided he is not detained after 
 twenty. Here too he is not treated as a 
 prisoner, but as a human being in need of moral 
 and spiritual medicine and favourable influences. 
 He is carefully taught a trade or some outdoor 
 
I THE YOUNG OUTCAST 15 
 
 work, and encouraged to diligence by wages and 
 rewards. He is released only when he has given 
 evidence of ability to do well, and his release 
 may be only conditional. 
 
 In Germany it is unlikely that the boy would 
 have reached a very advanced age before being 
 discovered as a fit subject for the application of 
 the law for " Guardianship Education," or " Up- 
 bringing under Care." In that country the 
 authorities are cognisant of every family and 
 individual, their circumstances and movements. 
 Honorary guardians are appointed to visit and 
 take an interest in small groups of poor house- 
 holds in the cities and towns, so our boy's evil 
 environment could not easily have escaped notice. 
 By the law which came into operation in 1901 
 a minor up to the age of eighteen, if his sur- 
 roundings are such as to endanger his physical 
 or moral welfare, must be removed from them. 
 Even if he were allowed to grow up under his 
 parents' roof, the reckless lodging-house life we 
 have described would be impossible. When it 
 is decreed that he needs " care," the boy is at 
 first placed in an institution to accustom him to 
 discipline and order, and teach him to work, 
 especially at agricultural pursuits. As soon as 
 
16 THE MAKING OF THE CEIMINAL oh. i 
 
 it is judged expedient he is boarded out in a 
 suitable family, under surveillance of the director 
 of the Home he has left and of a special guardian 
 — not an official. Thus he may learn also the 
 meaning of home-life. If he is released from the 
 operation of the law, which need not be before 
 the age of twenty-one, it is conditionally, unless 
 all possibility of renewed depravation seems 
 excluded. Throughout he need have nothing to 
 do with the police — all supervision is exercised 
 by his guardian, who may become his best friend. 
 
 And not in foreign countries only, but in 
 some of our own colonies he would have fared 
 better than here. In Victoria, e.g., he might 
 have been committed to the care of the Depart- 
 ment for Neglected Children up to the age of 
 seventeen, or even transferred to it from gaol up 
 to the age of eighteen. He would then have been 
 consigned for a time to one of the small farm- 
 reformatories of the colony, and as soon as 
 possible boarded out conditionally with a family. 
 
 There are, in fact, few countries where hope 
 would have been cut off so early, so completely, 
 as here in England, few countries where the 
 outcast lad would have run a greater chance of 
 becoming the criminal man. 
 
CHAPTER II 
 
 ORPHANED AT SEVENTEEN 
 
 It is not only the youths who have become 
 practically social outcasts as the result of their 
 upbringing and environment who develop into 
 loafers and habitual idlers, and go to fill our 
 workhouses and prisons. 
 
 Another class of lads perhaps even more 
 deserving of pity — for they are the creatures of 
 circumstances over which they have no control, 
 the victims of what seems a cruel fortune — is 
 composed of the sons of honest working men, 
 sometimes of men who have filled quite im- 
 portant positions in their time. These lads have 
 always had a decent home, have had at any rate 
 some supervision, have passed their Sixth or 
 Seventh Standard at the Elementary School, 
 have enjoyed the comfort of a Sunday suit, and 
 probably been regular attendants at a Sunday 
 
 17 C 
 
18 THE MAKING OF THE CEIMINAL ch. 
 
 school. Except quite occasionally, they have 
 felt none of the hardships involved in the actual 
 struggle to get a meal or a resting-place for the 
 night. 
 
 When a typical boy of this class reaches 
 his fifteenth or sixteenth year perhaps one 
 parent dies, and then a year later possibly the 
 other also. He is left an orphan, very likely 
 with several younger brothers and sisters, none 
 of them old enough to work. But he has a good 
 situation himself, and determines to keep on the 
 home. He does so for a time, then suddenly the 
 most crushing blow of all falls : for one reason 
 or another he loses his work, and as he has only 
 been able to " pay his way " as he went along, 
 and has found it impossible to save, he is soon 
 in a deplorable plight. Work is not always easy 
 to find, and little mouths want feeding, so gradu- 
 ally the household effects go to pay the rent 
 and buy food, until the worst day of all comes, 
 and the home has to be broken up. Neighbours 
 have helped, as they always do, in a way 
 surprising to those who have little knowledge of 
 working-class homes, and speaking volumes for 
 an innate goodness of heart. Chums also have 
 done their best, with a wealth of unselfishness 
 
II OEPHANED AT SEVENTEEN 19 
 
 far less rare than in circles more richly endowed 
 with this world's goods. But it has all been of 
 no avail. A married elder brother or sister, or 
 some relative or friend of the family, may take 
 one or more of the little ones, others may go to 
 voluntary Homes or to the Union, and he, poor 
 fellow, is left homeless and penniless to seek his 
 fortune alone. 
 
 He may start on his new career with a brave 
 heart ; he has only himself to provide for now, 
 and after supporting a family the task looks 
 comparatively easy. But the first day goes by 
 and neither work nor money can he get, and the 
 first night is perforce spent wandering the streets, 
 weary in body and sick at heart. The second 
 day and the second night are like the first. 
 Then perhaps he gets a day's job, and a square 
 meal and a night in bed are his once again — a 
 bed in a lodging-house which but a short while 
 before he would have regarded with repulsion 
 and a sense of losing caste. But the old smart- 
 ness is leaving him, his clothes are growing 
 rapidly shabbier, and he himself is unconsciously 
 beginning to acquire many of the habits of the 
 street loafer and idler. 
 
 A few weeks of this life, and the urgent 
 
20 THE MAKING OF THE CEIMINAL oh. 
 
 need for fresh boots impels him to beg, and 
 brings him by chance under the notice of the 
 law. He too will probably go unpunished the 
 first time, and may be helped by the police- 
 court missionary so far as it is in his power 
 to help ; but a second summons inevitably means 
 imprisonment for seven or fourteen days. Im- 
 prisonment for what ? For no criminal ofi"enee — 
 for nothing but sheer misfortune. The lad feels 
 this ; he goes to prison conscious that he has 
 done no serious wrong, and with a sore sense of 
 injustice he naturally resents it. He thinks it 
 does not matter now what he does ; he might just 
 as well be punished, if punished he must be, for 
 doing something really wrong. He soon observes 
 that some of the more lucrative, if less honest, 
 means of gaining a precarious livelihood are less 
 open to detection than begging. And unless 
 he is lucky enough to find some kindly hand 
 stretched out to lift him, he sinks rapidly down- 
 ward to the level of the outcast lad already 
 described. 
 
 Here, then, we have an example not merely 
 of potentially good, but actually good material 
 marred, wasted, wantonly thrown on the human 
 rubbish heap. And why? The police, the 
 
II OEPHANED AT SEVENTEEN 21 
 
 magistrates, have done their duty ; it is nobody's 
 fault in particular, but once more it is the system 
 that is wrong, the system which decrees that 
 misfortune shall be a crime. 
 
 For youths of this age few, very few, asylums 
 exist. Their younger brothers may find good 
 homes provided by voluntary organisations or by 
 the State, but this boy can only " live rough " 
 {i.e. sleep out) or resort to the shelters usually 
 frequented by destitute men, places where he 
 may hear and see and learn much that no decent 
 lad or man should hear and see and learn, where 
 he may have to reconcile himself to degrading 
 conditions of publicity and often of uncleanli- 
 ness, where his whole moral fibre, in a frame 
 weakened by exposure and insuflicient food, will 
 almost certainly deteriorate. The " unemploy- 
 able " will mock at his endeavours to get work 
 — sour grapes to them — and the cynicism of 
 the experienced, the constant gibes and sneers 
 at goodness, will tell on him in time. 
 
 Imprisonment seems cruel treatment for a 
 boy of seventeen, who, if thorough inquiry be 
 made, can be shown not only to have nothing 
 against him, but much for him in the record 
 of his past life. But full inquiry is not made. 
 
22 THE MAKING OF THE CEIMINAL ch. 
 
 it is nobody's business to make it ; before the 
 magistrates he is only a " case " to be hurried 
 over among numberless others, for there is a 
 heavy list, and time presses. And when he 
 leaves the prison probably nothing is done to 
 find him a home, employment, the opportunity 
 of living a better life. If on a first convic- 
 tion the authorities undertook to find work 
 for such lads — not a very difficult task — and to 
 defray the cost of their first week's lodging, few 
 of them would fail to develop into really decent 
 working men. The outlay would in many cases 
 be repaid by them later on ; but if it were not, 
 it would be infinitesimal compared with the cost 
 to the State of maintaining an idle or vicious 
 parasite for twenty, thirty, fifty years. 
 
 It may be asked, and not without justice, 
 why such a lad does not enlist. It is of course 
 possible that he is not old enough or physically 
 not up to the standard ; but if he is, he may 
 through ignorance or prejudice be unwilling, or 
 lacking in strength of purpose, to take so irre- 
 traceable a step. The loafing life of discomfort 
 and starvation will have begotten irresolution 
 and a general slackness and listlessness. He 
 hopes soon to tide over the spell of bad luck, 
 
11 OEPHANED AT SEVENTEEN 23 
 
 and that better days will shortly come without 
 resorting to heroic measures ; then the fatal step 
 which leads to his arrest is inadvertently taken 
 and he is on the downward course ere he knows it. 
 Under many colonial and foreign systems, e.g. 
 the American, he would have been pulled up 
 before he had gone far on that course. When 
 first arrested, inquiry must have been made to 
 find out if he were a suitable subject for a 
 Eeformatory, and, the facts brought to light, 
 work would have been obtained, and he would 
 have been released forthwith, but kept for some 
 months under the supervision of a probation- 
 officer. Had he been judged sufficiently aban- 
 doned to be committed to a Reformatory, the 
 healthy life there would soon have recalled the 
 upright, industrious lad he was before calamity 
 overtook him ; and after the minimum period of 
 detention he would have been out " on parole " 
 with a comfortable home and suitable employ- 
 ment. But in some countries his troubles would 
 have been cut short in their initial stages. Had 
 he been a German he might, on first losing his 
 work, have applied at a municipal labour bureau, 
 and, being a steady lad, there would have been 
 little doubt of success. 
 
CHAPTER III 
 
 THE LAPSED INDUSTRIAL OR REFORMATORY 
 SCHOOL BOY 
 
 A THIRD distinct class of recruit for the criminal 
 ranks is formed by boys who in their earlier 
 years have been inmates of Industrial Training 
 Ships, Schools, or Reformatories. They are 
 generally boys whose home surroundings have 
 been deplorably bad, and who, fortunately for 
 themselves, have early in life come under the 
 notice of the authorities, and been " put away," 
 as they call it, for a term of years — until the age 
 of sixteen in an Industrial School, or eighteen 
 in a Reformatory. On an average, fully three 
 out of four boys settle down to steady work 
 and a decent life when they leave these institu- 
 tions, and many even of the boys we are about 
 to describe have probably behaved well and 
 made steady progress while there. 
 
 24 
 
on. Ill THE LAPSED EEFOEMATOEY BOY 25 
 
 But the time of release draws near and parents 
 begin to inquire after them, and to urge that 
 they be restored to them when their time is up 
 — often to the same sordid surroundings, and 
 the companionship of people who recognise few, 
 if any, moral restraints. In some cases the lad 
 has to be returned to his home, where for a time 
 he keeps steady, clean, and well conducted; 
 but the influence of past discipline begins to 
 wear off, and if there is not very active and 
 effectual supervision on the part of the School 
 authorities (and this is sometimes almost im- 
 possible) he drifts back to the kind of life he 
 led as a child. 
 
 We have already pointed out how critical 
 and determining are the years from sixteen to 
 twenty-one. A boy released from an Industrial 
 School or Reformatory, if he is not placed in a 
 favourable environment or in some way protected 
 and restrained, runs even greater risk than others. 
 For the young boys in Industrial Schools, at 
 any rate, it may be said that life in an institu- 
 tion, though it may have its own special dangers, 
 is on the whole a sheltered one ; the steady 
 routine leaves little outlet for the naturally 
 somewhat lawless tendencies of boyhood, and to 
 
26 THE MAKING OF THE CEIMINAL ch. 
 
 many of the temptations of ordinary life the 
 inmate is unexposed. He has to obey ; he 
 has to work ; and though for self-reliance and 
 personal initiative there are not the opportunities 
 afforded by normal home life, the habits of 
 discipline and industry ingrained through a 
 course of years are not easily lost, provided the 
 lad be not replaced amid evil surroundings. 
 There the unwonted sense of freedom, the un- 
 checked power to gratify suppressed instincts 
 for excitement and amusement — natural instincts 
 for the legitimate satisfaction of which there is 
 far too little opportunity in city lads' lives — 
 may easily unbalance him, make him fall an 
 easy prey to unwonted temptations, and in a 
 few months undo the work of years. And so, 
 for one petty misdemeanour or another, he is 
 soon in the hands of the police and in gaol, and 
 begins to slip rapidly down the easy descent to 
 a regular life of crime. 
 
 It must not be supposed, however, that the 
 lads' homes are always undesirable. In some 
 cases, while the lad has been away the whole 
 character of the home has changed, — one of the 
 parents may have died — one who was the source 
 of all the trouble, — or a complete change for the 
 
Ill THE LAPSED EEFOEMATOEY BOY 27 
 
 better may have come to both, and the home 
 have become excellent in every way. 
 
 We know at present five lads who have 
 recently returned home from an Industrial 
 Training Ship to Manchester, all of whom are 
 doing well, and all of whose homes are entirely 
 satisfactory. 
 
 It is only in cases where the home is distinctly 
 bad that it is so unfortunate when there is no 
 alternative but to send the lad back to it. It 
 would be well if every home to which it is 
 sought to have a lad returned might be inspected 
 and fully reported upon before the return takes 
 place ; and, should the report be unfavourable, 
 power be given to place the lad in a decent 
 home and at work some distance from his 
 parents. 
 
 These youths nearly always retain something 
 of their old School training. They are usually 
 more polite than others, more active, hold them- 
 selves better, and they know what obedience 
 means. If they can only be entirely removed 
 from their home environment they will probably 
 again do well. The difliculty is to get them 
 away. Of Industrial School children who go 
 back to their homes, only one-quarter as many 
 
28 THE MAKING OF THE CEIMINAL en. 
 
 turn out well as of those otherwise disposed of; 
 and in one School where seventy per cent did 
 well, not one did so who returned to relatives.^ 
 It would be far the best plan, when an old 
 Industrial School or Eeformatory boy is brought 
 before the magistrates, to send him away to an 
 Industrial School Old Boys' Home in some far- 
 distant part of the country where work can be 
 found for him, and compel him to live in the 
 Home for at least a year while working outside. 
 
 Many lads of this class have been sent to 
 Training Ships, which are excellent if they really 
 like the sea. But in our experience it often 
 happens that a boy goes one voyage and one 
 only, draws his money on reaching England, and 
 hastens home determined to go to sea no more. 
 With no real training for any other industry, 
 he is then in grave danger of getting on the 
 streets, though many find work in foundries and 
 elsewhere. 
 
 The boys are distinctly affected by the 
 methods of supervision or control adopted by 
 the School authorities. For some time past 
 large numbers of the destitute lads over seven- 
 
 ^ Journal of the Royal Statistical Society, June 1 900. "The Treat- 
 ment of Juvenile Offenders." Rosa M. BaiTett. 
 
Ill THE LAPSED EEFOKMATOEY BOY 29 
 
 teen in Manchester, and practically all lads under 
 twenty-one discharged from Strangeways Prison 
 have come before us, and it is remarkable how 
 many of these have been inmates of certain 
 Industrial Schools and Eeformatories, whilst 
 from others in the same districts hardly any 
 appear to drift into the street loafer and 
 criminal classes. There are apparently two 
 main reasons for this : — 
 
 It may be taken for granted that a lad of 
 eighteen can hardly maintain himself decently 
 on a less sum than 10s. a week, and when a boy 
 leaving a School or Eeformatory is allowed to go 
 home, and work is found for him at, say, only 
 7s. 6d. a week, it is not surprising if he speedily 
 gives it up. Thereupon he is soon told that if 
 he cannot find work he must leave home, as his 
 people cannot afford to keep him ; a statement 
 generally literally true, though there is probably 
 often little compunction about turning out a 
 son who has been absent from home for a great 
 part of his life. So the lad, by very rapid steps 
 indeed, becomes an habitu^ of common lodging- 
 houses and a seeker after odd jobs in the streets. 
 Managers of Schools and Reformatories should 
 not allow a boy to go home unless they can 
 
30 THE MAKING OF THE CEIMINAL oh. 
 
 provide him with work at a minimum wage of 
 10s. If such a boy be placed in an Industrial 
 School Old Boys' Home when he leaves the 
 School, though he only obtains 7s. 6d. a week 
 at first, he does not get into difficulties, and one 
 of the main causes of backsliding ceases to exist. 
 We would plead as strongly as possible for the 
 extension of Industrial School and Eeformatory 
 Old Boys' Homes throughout the country. 
 
 The second reason for the lapse of a lad is the 
 want in the case of some Schools of a close super- 
 vision of the boys on leaving. Some School 
 authorities regularly visit the homes of those 
 with whom old boys are placed, and are most 
 particular in seeing that a decently high stand- 
 ard of living is maintained. They also keep a 
 close watch on the boy himself, and pull him up 
 if anything seems to be going wrong, in fact 
 proceed very much as does the probation-officer 
 in American cities. Whilst other Schools, through 
 pressure of work or a lack of comprehension of 
 the value of this part of their influence, seem 
 singularly lax, with the result that more of 
 their boys become regular street loafers and 
 occupants of our prisons. 
 
 The expenditure on Industrial Schools and 
 
Ill THE LAPSED EEFOEMATOEY BOY 31 
 
 Reformatories amounts to over half a million 
 per annum,^ and it is estimated that it costs 
 from £13 to £28 a year to maintain a boy in an 
 Industrial School, or £32 on a Training Ship.^ 
 As he may be there five years, often more, some- 
 times even ten, we may take £100 as a fair 
 average for the cost of his training. Nothing 
 could be more unbusinesslike than to grudge the 
 small additional expenditure which makes the 
 original outlay a paying investment, and it is 
 evident that the actual financial loss to the 
 State entailed by a penny-wise and pound-foolish 
 policy is very great when a lad is allowed to 
 lapse for want of proper supervision on leaving 
 School, or for want of sufficient care in finding 
 him employment. 
 
 What the neglect of one individual may cost 
 a country is well exemplified in the history, 
 recently narrated at a conference at Breslau, 
 of a Swiss family. Its genealogy was traced back 
 to the Hjiddle of the seventeenth century, and it 
 was found that in the ten years 1885-95 de- 
 scendants of a common ancestor had cost their 
 small native parish 14,000 francs, or £560 ! 
 
 1 Morrison, Juvenile Offenders. 
 2 Journal of the Statistical Society, June 1900. 
 
32 THE MAKING OF THE CEIMINAL ch. 
 
 To sum up, what seems required to make our 
 Reformatory and Industrial School system more 
 water-tight is more efBcient means for disposal and 
 for supervision. We must accept the fact that the 
 children committed to these Schools are a special 
 class who need the shelter of an institution, and 
 for whom the advantages of the boarding -out 
 system are not available. Theoretically, of 
 course, in dealing with children the boarding- 
 out system has much to recommend it ; but to 
 compare the methods found expedient in a 
 thinly - populated colony or an agricultural 
 country with those of a country whose social 
 conditions are completely different, though 
 suggestive, is of little practical use. Never- 
 theless, it is right that we should make our 
 Industrial School system as like a system of 
 boarding-out as we can, and the provision for 
 licensing contained in the Industrial Schools 
 Acts affords the first part of the machinery, 
 though the rest of it is still incomplete. . How 
 can we supplement it ? It is suggested first of 
 all that the system of Working Boys' Homes in 
 connection with Industrial Schools can be largely 
 developed ; and further, use can be made of 
 Working Boys' Homes not directly associated 
 
in THE LAPSED EEFOEMATOEY BOY 33 
 
 witli Schools, though the latter can hardly be 
 expected in the circumstances to be as effective 
 as the former. 
 
 Next, the placing out of boys from the Schools 
 can b*e systematised. They might be placed out 
 in different parts of the country in little colonies, 
 each with its agent, whose business it should be 
 to act as the School's representative, and to con- 
 tinue the same paternal interest in every boy 
 under his charge as is taken by a good super- 
 intendent in the case of boys actually in the 
 School or placed' out in its vicinity. An illus- 
 tration of this kind of agency will be found in 
 that established by the London County Council 
 in South Wales for the benefit of London boys 
 placed out in farm service from the Council's 
 Industrial Schools. Agencies of the same kind 
 might be established with advantage in indus- 
 trial and in mining centres. It is true that the 
 authorities of few Schools deal, as does the London 
 County Council, with a sufficient number of boys 
 to make it possible to have such an agent, but 
 there is no reason why Schools in a particular 
 district should not combine for the purpose. It 
 is impossible for a superintendent himself to 
 keep effectively in touch with boys at a distance. 
 
34 THE MAKING OF THE CEIMINAL ch. 
 
 He can keep very effectively in touch with the 
 agent, and through him with his boys. 
 
 Finally, as is suggested in another chapter, 
 there seems a good prospect of the establishment 
 before long of a system of probation-officers in 
 this country. Such probation - officers as are 
 selected from the point of view of their capacity 
 for finding boys work and for keeping them at 
 work — and it may be hoped that there will be 
 many such — will prove invaluable agents for the 
 managers of Eeformatory and Industrial Schools. 
 It is not too much to say that every superin- 
 tendent of a Working Boys' Home ought to be 
 constituted a probation-officer, and one incidental 
 advantage of this may be pointed out : a boy 
 from an Industrial School placed in his charge 
 can be admitted to his Home or Club, and no one 
 save the superintendent and the boy himself 
 need know that he is under probation. The case 
 of the Reformatory boy is more difficult than that 
 of the Industrial School boy. The Reformatory 
 lad, as a rule, is not under detention for so long 
 a period. He is a tougher subject to begin with, 
 early habits have become more ingrained, and he 
 is often a young man when he leaves. Never- 
 theless, something can be attempted for him as 
 
Ill THE LAPSED EEFOEMATOEY BOY 35 
 
 for the younger Industrial School boy, and . the 
 way will be smoothed if effect can be given to a 
 recommendation of H.M. Inspector of Reforma- 
 tory and Industrial Schools, who wrote as follows 
 in his report for the year 1904 : — 
 
 It is a pity that when by the Act of 1890 the 
 limit of age for detention in a Eeformatory was 
 reduced to nineteen years, a power of supervision for 
 two years later was not retained. Such a power of 
 supervision until eighteen was given to managers of 
 Industrial Schools by the Act of 1894, and it would 
 be of equal service to those managers of Eeformatory 
 Schools who are ready to carry out their responsibilities 
 with bull-dog tenacity. 
 
 It may be added that magistrates and public 
 opinion ought to support managers in any 
 resolute effort to remove a child permanently 
 from an environment or from associations which 
 led to his original committal to a School. It is 
 heart-breaking for a conscientious manager or 
 superintendent when, for endeavouring to carry 
 out the law strictly and to give full rein to his 
 own humane instincts in favour of a child, he is 
 rewarded by being held up to obloquy and taken 
 to task as an unnatural monster. And especial 
 sympathy should be extended to the Eoman 
 
36 THE MAKING OF THE CEIMINAL ch. 
 
 Catholic authorities. They have in their charge 
 more than their share of the class; of the popu- 
 lation under review, and as a community they 
 are ©ot wealthy. Many are Irish, and for one or 
 even two generations an Irishman retains to the 
 full his racial characteristics, many of them fine 
 characteristics, but such as do not find their 
 proper field in an English industrial community. 
 There is not, at any rate, at the command of the 
 Eoman Catholic authorities the same opportunity 
 for placing out children, whether in town or 
 country, in working - class households of their 
 own faith as is enjoyed by others. This is 
 probably the reason why more is done in .the 
 way of emigration by Eoman Catholic than by 
 Protestant Schools. But still, large numbers of 
 their children are not, and cannot be, disposed of 
 in this way ; all the more need, therefore, for them 
 to bring up to the highest state of efiiciency 
 their machinery for home disposal and super- 
 vision. 
 
 A consideration of the principles and practice 
 adopted abroad will be found to lend support to 
 the above suggestions. In other countries, lads 
 leaving Schools of this nature remain wards of 
 the State, and may be kept under supervision 
 
in THE LAPSED EEFOEMATOEY BOY 37 
 
 until their majority. When a German child 
 comes under the law for " Guardianship Educa- 
 tion " (Fiirsorgeerziehungsgesetz),^ he remains so 
 until he attains the age of twenty- one, the 
 parents forfeiting all rights. If his character 
 has been reformed in an institution, or in a 
 family with which he has been boarded out, he 
 may, however, be restored to his own family, 
 provided that the circumstances that brought 
 about his depravation have been altered. But 
 he is equally under the supervision of a patron 
 or guardian, and a ward of the State, and can 
 be again removed at any time if this be judged 
 expedient. Experience has shown that return- 
 ing the wards to their own homes is rarely 
 attended with success.^ Although the law inter- 
 venes so forcibly in the relations of parents and 
 children, whole or part payment by the parents 
 or other responsible persons is strictly enforced, 
 in order that their sense of responsibility may be 
 maintained, and that they may not lightly part 
 with their children. 
 
 In France also, parents guilty of neglect. 
 
 ^ Statistik iiber die Fursorgeerziehung Minderjdhriger fiir das 
 Etatsjahr, 1901. Berlin, 1903. See Appendix. 
 2 Ibid. 1904. Berlin, 1906. 
 
38 THE MAKING OF THE CEIMINAL ch. 
 
 habitually drunk, notoriously immoral, in any 
 way likely to endanger the health, security, or 
 morality of their children, or unable to control 
 them, forfeit all rights, and the children become 
 wards of the body called " 1' Assistance Publique " 
 until they attain their majority. In our Indus- 
 trial Schools parents' visits are allowed once every 
 two or three months, and after a month of very 
 good conduct boys are allowed to go to their 
 homes on a few days' holiday, when these are 
 really good and desirable in every way. But in 
 France it is in many cases judged expedient to 
 keep the parents in total ignorance of their 
 children's whereabouts, and they are merely 
 informed periodically of their welfare. As in 
 Germany, they are forced to contribute to their 
 maintenance.-^ 
 
 In Hungary, Eeformatory boys are liberated 
 without further surveillance at twenty (very few 
 would be kept in an institution up to this age, 
 unless approaching it on their committal), or if 
 they have only been sentenced to a definite 
 period of detention, or sent, as 35 per cent 
 
 ^ St. Louis Exhibition, 1904, Section des Enfants souniis a 
 I'dducation p^nitentiaire. Gaston Drueker, La Protection des 
 Enfants, 1894. 
 
I.I THE LAPSED EEFOEMATORY BOY 39 
 
 are, at the request of parents or guardians. 
 Others are liberated when their conduct justifies 
 confidence, the largest number after two or three 
 years' detention, and for each of these, when 
 placed at too great a distance from an institution 
 for its officials to keep in touch with them, a 
 patron or guardian is appointed. He is made 
 acquainted with all the antecedents of his ward, 
 and his function is to advise, exhort, and support 
 him in his efforts to live a moral and industrious 
 life, to encourage him in patience and self- 
 denial, and, if necessary, to protect him against 
 persons likely to do him harm. From time to 
 time he has to make a report to the School 
 authorities, who are thus kept informed of the 
 conduct of all their old pupils.^ 
 
 In Belgium, similarly, a child under sixteen 
 who has been placed in an " Ecole de Bienfais- 
 ance," or a beggar under eighteen placed in an 
 " Ecole de Edforme," remains under State control 
 till his majority.^ 
 
 In these countries, then, and in our Australian 
 colonies, parental authority being forfeited for 
 
 • La Lutte contre la OriminaliU des Mineurs en Hongrie. Dr. Bela 
 Kun et Dr. Etienne Laday. Budapest, 1905. See Appendix. 
 2 Journal of the Statistical Society, June 1900. 
 
40 THE MAKING OF THE CEIMINAL ch. ni 
 
 good and all, a boy cannot, as with us, be restored 
 at the critical age of sixteen or eighteen to the 
 vicious environment from which he was saved as 
 a child. Not that he is kept any the longer in 
 an institution. On the contrary, as soon as he 
 seems likely to conduct himself well, he is boarded 
 out with a family (in many instances while still 
 a child attending school), and suitable work pro- 
 cured for him ; but he is always liable to be 
 recalled if his behaviour is unsatisfactory, or if 
 it is considered advisable to seek a fresh home 
 for him. 
 
 It is noteworthy that the system, which gives 
 good results in France to-day, of laying the 
 foundation of a sound and moral education in 
 an institution (not a prison), and then handing 
 the boy or girl over to the care of a private 
 person, was introduced there in the year 1545. 
 This singularly humane method was, however, 
 abandoned in 1568, and not revived in any form 
 till 1832, when young prisoners were apprenticed 
 on their release.^ 
 
 ^ St. Louis Exhibition, 1904. 
 
CHAPTER IV 
 
 TURNED OUT OF HOME 
 
 We have now three outstanding types ; there 
 is a fourth, and by no means a .small group of 
 youths for whom the risks of drifting into a 
 life of criminality are increased by the singularly 
 short-sighted methods of our system of dealing 
 with young persons charged with oflFences under 
 the Vagrancy Acts. 
 
 The typical lad of this class differs very 
 materially from the others we have dealt with. 
 He is frequently a member of a decent hard- 
 working family, a family, however, in which 
 parental discipline has never been very con- 
 spicuous, and in which a strong affection has led 
 to the overlooking of little delinquencies in the 
 child. He has in fact been " spoilt." Decently 
 clad and of good appearance, he has easily found 
 work on leaving school, but from the very 
 
 41 
 
42 THE MAKING OF THE CEIMINAL ch. 
 
 beginning has been a bad time -keeper. His 
 attendance record at school was not good ; he 
 was allowed to stay away on every slight pretext; 
 and now a fancied ailment keeps him from work 
 one day, sheer laziness leads him to remain in 
 bed another. He loses his first situation, and 
 equally rapidly others which have succeeded it, 
 between each probably spending a week or two 
 idling at home, obtaining as best he can those 
 essentials of happiness, his " tabs " and the 
 coppers for the music-hall. He has found little 
 difficulty in getting a second, a third situation, 
 and expecting to be equally lucky all through 
 his life, does not worry when a fourth or a fifth 
 does not immediately turn up. Time goes on, 
 and although he bears all the outward signs of 
 respectability, his character steadily deteriorates. 
 He is not a worker — the one thing he needs to 
 be if he is ever to be of any use to those about 
 him. 
 
 He is seventeen or eighteen when suddenly 
 disaster comes upon the family : the father or 
 the mother dies, and a greater responsibility is 
 at once thrown upon shoulders altogether unpre- 
 pared to bear it. His old life goes on, but often 
 enough now the surviving parent does not regard 
 
IV TURNED OUT OF HOME 43 
 
 his inveterate idleness with the same lenient 
 eyes. He is told that if he does not get work 
 he must " clear out," a threat of which he hardly 
 realises the import, until at last he has strained 
 the endurance of his relatives to breaking-point, 
 and coming home one night with the old tale of 
 not being able to find work, he is sharply told that 
 he must go. Usually without protest, silently 
 admitting the justice of the sentence, he steps 
 over the familiar threshold out into the street, 
 to seek his night's lodging where and how he 
 hardly knows. Sometimes there is no real inten- 
 tion of turning him out, but in a fit of ill-temper 
 and exasperation harsh words will be uttered, 
 and the boy, stirred to resentment, feeling he is 
 loved no longer, has gone for good before the father 
 or mother has realised what has happened. 
 
 We well remember some years ago meeting a 
 boy just after he had been turned out — it was 
 after eleven o'clock at night. " Where are you 
 going, Albert ? " " Oh, I don't know," was the 
 answer ; " they have turned me out because I 
 have got no work [really he was a thorough 
 idler] ; I think I am going to sleep in a railway- 
 waggon ofi" Fairfield Street, or under one of the 
 arches." Such a boy is often not actually bad 
 
44 THE MAKING OF THE CEIMINAL oh. 
 
 at bottom, and often enough a few nights of 
 roughing it causes him to look energetically for 
 work, get it, and go back once more to his 
 home. 
 
 But a lad with a more independent spirit 
 thinks he will leave, let us say, Manchester, and 
 walk to Liverpool, where he thinks he is sure to 
 get a ship ; as if master-mariners, unlike other 
 employers, were always ready to snap up youths 
 with no technical knowledge, and" receive boys 
 with no experience of the sea who come to offer 
 their services for voyages long or short. It is 
 quite extraordinary how great is the number of 
 youths, big clumsy fellows who have failed in 
 many occupations, who apply to be sent to sea, 
 labouring under a vague delusion that there, at 
 last, they will succeed. But they are not keen 
 about the Eoyal Navy ; they shirk the discipline 
 and the long period of service. One voyage, or 
 two at most, they think will satisfy them, and 
 then they will find " work." 
 
 Our lad has decided to go to Liverpool ; he 
 has tramped it, has begun to " live rough," has 
 probably had to beg a little for food ; and now, 
 on arrival, he cannot find a ship. Employment 
 is as impossible to get as ever, try all he will. 
 
IV TUENED OUT OF HOME 45 
 
 A day or two more of continued failure, and he, 
 like the boys of the other types we have named, 
 comes under the notice of the police and the 
 magistrates, and probably not for the first, but 
 for the second offence of sleeping out or begging, 
 is sent to prison, and emerges to swell in time 
 the numbers of the outcast and the criminal. 
 
 A boy may have to leave his home, not 
 because he has no work, but because, having 
 work, he squanders all he earns on amusements 
 and indulgences, mainly on betting and gambling, 
 and gives nothing towards the family budget. 
 We have seen a lad of fifteen who, on these 
 grounds, had been turned out, being, as he said, 
 " not the right sort of boy for Father." As the 
 six shillings he earned were insufficient for his 
 decent support, especially with such expensive 
 habits, he had inevitably sunk still lower, lost 
 his work, and gone on the street. Too old 
 to enter an Industrial School, it was only with 
 difficulty he gained admission to a voluntary 
 Home. If this lad had been a year older his 
 prospects would have been bad indeed. 
 
 But there is a misfortune which is frequently 
 all-powerful in "driving a really decent youth 
 from his home, and that is the remarriage of his 
 
46 THE MAKING OF THE CEIMINAL oh. 
 
 widowed father or mother. A big boy of seven- 
 teen who has to adapt himself to a step-parent 
 is driven from home when out of employment, 
 not so often by direct order as by nagging and 
 constant hints from the step-parent that he is 
 not wanted if he cannot work, that he should be 
 ashamed to eat the children's bread, and the like 
 — words that bite and sting, and whose memory 
 is so enduring that many a boy turned from a 
 home into which a step-parent has come never 
 re-enters it. He may be a lad of excellent 
 character, good in every way, but by himself 
 the struggle is a hard one, and his effort to find 
 work brings only disappointment and discourage- 
 ment. Yet he keeps absolutely honest and 
 straight, only to find at last that misfortune 
 leads him to a gaol, just as a dishonest life would 
 have done. So he too, embittered by the ap- 
 parent injustice of life, may be driven to join 
 the army constantly recruited from the ranks of 
 the unfortunate who find prison the cold comfort 
 society has for all their pains. 
 
 It will have been observed that for the 
 first offence the delinquent commonly goes un- 
 punished. But what, in the name of reason, is 
 the use of turning a lad away from a police 
 
IV TUENED OUT OF HOME 47 
 
 court without making any inquiry into the 
 circumstances which brought him there, or any 
 attempt to improve those circumstances ? Natur- 
 ally he continues to seek his living in exactly 
 the same way as he did before, having only 
 added to his stock of good intentions that 
 of not being caught so easily a second time ; 
 and naturally the same conditions produce the 
 same result — arrest, followed this time by im- 
 prisonment. It is the first time that he comes 
 before a magistrate that he should be pulled up 
 and helped. Why wait till the second ? Though, 
 as the measures then taken are wrong, it is just 
 as well they are postponed. If they were right, 
 the delay might be absolutely fatal, for during 
 the weeks, or it may be months, that a boy 
 succeeds in eluding the police, he is becoming 
 confirmed in his loafing habits, and the hope of 
 regeneration is ebbing daily. As a general rule, 
 the longer a lad has been on the streets, the 
 shorter time will he stick to any work that may 
 be found for him. From experience we find 
 that the boy who has led a loafing life for three 
 weeks only can be restored to industrial life at 
 once. But after two or three months of idleness 
 it is difficult to make him change his habits ; 
 
48 THE MAKING OF THE CEIMmAL ch. 
 
 after six months it is almost impossible. It is 
 therefore of absolutely vital importance to check 
 him at the first available opportunity. In New 
 Zealand and many of the American States this 
 has been recognised. Amongst the duties of 
 the State - agent, or probation - officer, is that 
 of attending the trials of first ofi'enders and 
 showing cause, if he can, why they should not 
 be imprisoned. This, of course, entails a pre- 
 liminary investigation of their circumstances, 
 and in such cases as we are considering they are 
 then placed for a definite period under the 
 charge of the probation-ofiicer, who finds them 
 work, and exercises supervision over them, caus- 
 ing them to report themselves to him at frequent 
 intervals — in New Zealand monthly. One of the 
 most valuable features of this system seems to 
 be the opportunity it afi"ords an individual of 
 strong character, sympathy and insight of gain- 
 ing a personal influence over his or her charges, 
 an influence of a nature often hitherto unknown 
 in the life of the boy or girl, the man or woman, 
 who experiences it. 
 
 Surely, with regard to the typical lad we 
 have been considering, careful inquiry in the 
 first instance, even though it involve much 
 
IV TUENED OUT OF HOME 49 
 
 trouble and some expense, would lead to better 
 results. As a rule the parent, or even step-parent, 
 if communicated with, would gladly take him 
 back, as we have proved in not one but many 
 cases. The hasty word of expulsion has been 
 often repented, and his complete disappearance 
 is a source of deep anxiety, the relief of which 
 by his restoration evokes heart -felt gratitude. 
 After the bitter lesson he has learned he would, 
 in all probability, make a determined fresh start, 
 and a more friendly feeling would be established 
 in the home. At any rate, imprisonment is the 
 most futile of all measures to take in such cases. 
 
 What looking for work may mean to respect- 
 able but homeless lads, the following perfectly 
 true narrative taken from the lips of one of them 
 will show. "When we first saw him he was a 
 manly fellow of some eighteen years, with eyes 
 that looked straight into one's face, and with 
 every appearance of rugged but steady honesty. 
 But he was weary — worn out with a hard day's 
 tramping up and down the streets of the city — 
 hungry, dirty, ragged, and with bleeding feet. 
 He came for help, for work ; and this was the 
 tale he had to tell : — 
 
 He had never known either father or mother, 
 
 E 
 
50 THE MAKING OF THE CEIMINAL ch. 
 
 nor heard of them. Left a foundling child to 
 be brought up by strangers, hunger and short 
 commons were familiar to him, and many a time 
 in his earlier days he had not known even the 
 shelter of such a " home " as strangers could 
 provide. At fourteen, however, he was fortunate 
 enough to obtain employment with a firm of 
 ironworkers on the east coast, and, working hard 
 and well, remained there some four years, gradu- 
 ally becoming a skilled workman, esteemed by 
 all who knew him. 
 
 But a few months before, fortune had again 
 ceased to smile, for the firm which employed 
 him became less busy, and " Brown " was one of 
 the youths who had to be dismissed. A few 
 pounds which he had saved enabled him to 
 remain in his lodgings while looking for employ- 
 ment. He found none, and the time soon came 
 when his reserves were at an end, and he was 
 told that, unless he could " pay his way," he 
 must find another home. 
 
 Without money, without friends, he set out 
 to find the work he so eagerly desired. On the 
 first day he walked about thirty-six miles, and 
 on arrival at " S." had to take refuge in the 
 workhouse for the night. A supper of bread 
 
IV TUENED OUT OF HOME 51 
 
 and water was given him, and a similar meal 
 awaited him in the morning, when he was told 
 that he would have to stay two days before he 
 could go on his way — two days, not of ease, 
 but of real hard work. On the first, he was 
 set to pick six pounds of oakum ; on the 
 second, he had to break three cwts. of stone, 
 truly miserable treatment for a youth obviously 
 honest, and bearing upon him no sign of the 
 criminal or vagrant type. Released from the 
 workhouse, he wandered round the town all 
 day, meeting with no success. At night he 
 made for the country, and slept in an out- 
 house in the corner of a field. The next day 
 he tramped another nineteen miles, from " S." 
 to " B.," where two days were spent in a useless 
 search for work, an empty stable affording a bed 
 by night. From "B." he marched to "W.," 
 from " W." to "L.," where by a happy chance 
 he carried a heavy trunk for a passer-by and 
 earned sixpence, which procured him food and 
 bed. Then on from " L." to " B." and back 
 again to " S.," to which place he had been told 
 to return by a firm which held out hopes of 
 finding him employment. At night he sought 
 again the shelter of the workhouse, but was told 
 
52 THE MAKING OF THE CEIMINAL ch. 
 
 that he could only be received there once a 
 month. Disconsolate and tired, he lay down in 
 the first field he came to, and slept uneasily 
 through the frosty night. 
 
 From place to place the weary walk went 
 on, relieved by little sympathy in the towns, 
 brightened by much along the country roads ; 
 for the cottagers, seeing in the lad's open face a 
 quite sufficient index to his character, readily 
 gave the food for which he asked. 
 
 Thus he worked his way down to the Mid- 
 lands, and there, in the town of " W.," he met 
 with the harshest treatment he had yet ex- 
 perienced. Arriving at the workhouse at six 
 o'clock in the evening, he was first thoroughly 
 searched, everything, even to a button, being 
 taken from him, and the attendant actually 
 insisting upon looking under his tongue to see if 
 any small coin happened to be concealed there. 
 The search over, he was made to strip and 
 walk naked across a cold floor into a bathroom, 
 where two other attendants saw that he duly 
 washed. Thence he was conducted to a small 
 cubicle, or rather cell, provided with a spring 
 bed and three blankets. About eight o'clock 
 a small window in the door was opened, and, 
 
IV TUKNED OUT OF HOME 53 
 
 without a word, his evening meal of dry bread 
 and water was thrust in. "Brown" felt, as 
 well he might, that no criminal could have 
 been treated worse. He had done no wrone, 
 he had kept his hand from stealing, and was 
 trying to get employment, yet here he was, 
 degraded and insulted, treated as no decent lad 
 should be treated in a country like our own, 
 with its boasted Christianity, its talk of civilisa- 
 tion, freedom, and equal justice for all. 
 
 After a hard morning's work he was liberated, 
 and started once more on the dreary tramp 
 from town to town, from village to village. 
 His boots were well-nigh worn to pieces, his 
 feet were sore and bleeding, but knowing what 
 he had to face, the lad, in order to harden them, 
 actually took off his boots, and, carrying them, 
 walked with naked soles upon the stony roads 
 (an extraordinary course to take, it seems to us), 
 for fear lest he should break down altogether if 
 he became, as he dreaded, totally unable to walk 
 a step farther. 
 
 When nearing Manchester, on applying one 
 evening for a night's shelter in the local work- 
 house, he was told it was full, but was given a 
 ticket for a lodging-house. This ticket, while 
 
54 THE MAKING OF THE CEIMINAL oh. 
 
 securing him a bed, did not provide for food of 
 any kind being given to a boy — for he was no 
 more than a boy — who was almost starving. 
 
 And so, finally, he reached Manchester. That 
 he was, and is, a good workman is indicated by 
 the fact that he is at this moment working for 
 one of the best-known firms in that city, earn- 
 ing good wages, keeping excellent time, and 
 forming a happy member of the family with 
 which he has found a welcome home. 
 
 It is no wonder that young men develop 
 into thieves and drift into criminal careers under 
 such treatment as " Brown " has experienced. 
 Had he borne the worst character in the land 
 he could not have been dealt with more harshly, 
 and yet, though opportunities for theft were 
 constantly before him, he had never taken 
 advantage of them, and his honesty is still 
 unimpaired. Surely youths of this kind might 
 be treated with some leniency and consideration, 
 even in a workhouse. And surely it would not 
 be too difficult to devise some means by which 
 they might, on their journeys, receive informa- 
 tion as to where employment is likely to be 
 obtained. 
 
 Our acquaintance with the working of the 
 
IV TUENED OUT OF HOME 55 
 
 Poor Law is not sufficient to justify us in saying 
 that " Brown's " experiences are typical. Whether 
 typical or exceptional, a law that is susceptible 
 of being thus administered must be in need of 
 drastic alterations. 
 
CHAPTEE V 
 
 THE VAGBANCY LAWS AND Y0TJN6 OFFENDERS 
 
 In the previous chapters we have briefly 
 sketched some representative careers of lads 
 who gradually sink into what are called the 
 criminal classes, and it will, we hope, be readily 
 admitted by our readers that, except in the case 
 of the " outcast," and possibly also of the old 
 Industrial School boy, there is no real reason 
 why these boys should ever fall out of the ranks 
 of those engaged in ordinary industrial occupa- 
 tions. Their upbringing has been fairly good, 
 their environment has frequently been thoroughly 
 healthy — what, then, has been the determining 
 factor in their lives which has reduced them to 
 the level of accepting the companionship of the 
 most depraved and really criminal, and led them 
 to renounce all those habits of life and conduct 
 to which for years they have been accustomed ? 
 
 56 
 
CH. V THE VAGEANCY LAWS 57 
 
 Surely this factor cannot be the mere circum- 
 stance that they are unfortunate, and really 
 deserving of pity because they are orphaned? 
 Surely it cannot be their having had to leave 
 their old home owing to the harshness of 
 a step-parent? Surely not that, through no 
 fault of their own, their employer has ceased to 
 need their services ? These are all disasters, 
 tragedies even, in a lad's life, and when afflicted 
 by them he needs more than at other times a 
 helping hand and tactful sympathy, not only 
 from friends, but from the authorities of the 
 locality in which he lives. But surely they do 
 not adequately account for the wreck of a single 
 character ? And yet it must be confessed that 
 in this justice-loving land, so filled with varied 
 effort for all kinds of people all over the world, 
 the very misfortunes we have named are the 
 direct cause of the fall of countless youths from 
 respectability to vice, from the status of the 
 decent working lad to that of the street loafer 
 and hanger-on or tout of the racecourse. Mis- 
 fortune involving the loss of home and an empty 
 purse must before very long, if work be not 
 obtained, bring any lad under the notice of the 
 authorities for some offence under the Vagrancy 
 
58 THE MAKING OF THE CRIMINAL ch. 
 
 Laws. And the worst of it all is that no distinc- 
 tion appears to be made between the rogues and 
 vagabonds who rightly come within the pale of 
 these laws and the poor, decent youths who 
 would be only too glad to be for ever removed 
 from contact with any of them. 
 
 Two offences stand out above all others as 
 responsible for a respectable lad's first visit to 
 prison. These are sleeping out, or " sleeping 
 rough " as it is termed, and begging. It is true 
 that the punishment for the latter sometimes 
 carries the option of a fine, but a youth who begs 
 rarely does so to add to a store of money 
 similarly gained already — as do many adult 
 beggars — but from the sheer necessity of obtain- 
 ing the wherewithal to eat and rest. His only 
 alternatives being starvation or stealing, the 
 option of a fine is a mockery, and only gives 
 an opportunity of escape to the depraved and 
 professional beggar, while making imprisonment 
 inevitable for the hungry and homeless novice. 
 A lad does not readily enter the workhouse ; 
 he is generally full of hope, and up to the latest 
 hour of the night has visions of a "job." When 
 tramping, for example, from Manchester to 
 Hull, he turns to the roadside cottage for his 
 
V THE VAGEANCY LAWS 59 
 
 food and the field for his bed rather than find 
 his way to the nearest workhouse to receive a 
 scant meal of bread, sometimes with butter but 
 often not, and perform the necessary task before 
 he leaves next day. For in the workhouse, just 
 as before the magistrates, little distinction, if 
 any, is made between the regular tramp and the 
 hona-Jide searcher for work. 
 
 A lad may sufi"er several days and even 
 weeks of hardship before being charged with 
 " sleeping out," but finally he is taken, and 
 makes his first acquaintance with a prison ; 
 though in the larger cities, as already men- 
 tioned, he is rarely sent there on his first 
 appearance. The sentence is, as a rule, a very 
 short one — merely a kind of cruel reminder 
 that it is a crime to be poor to the verge of 
 starvation, — but the treatment of the ofi"ender 
 difiiers in no way from that meted out to real 
 criminals. The same method of inspection on 
 arrival at the prison, the change into a horrid 
 uniform exactly similar to that of the most 
 hardened sinner, the same kind of cell, the same 
 food, the same daily round as that of all the 
 other inmates of the gaol are his. Small wonder 
 that he sees nothing but injustice in it all. 
 
60 THE MAKING OF THE CEIMINAL ch. 
 
 small wonder that he says, as he often does, 
 " Don't talk to me about religion, it was a 
 religious ' beak ' sent me to prison for nothing ; 
 if that's religion I had rather be without it " ; 
 or that he comes out saying, " Well, I don't 
 care what happens to me now. If I had stolen 
 they could only have sent me here. I'll take good 
 care that the next time they shall have something 
 to send me for. " Often enough he keeps his word, 
 and the " sleeper-out " rapidly sinks to a lower 
 level, and becomes the convicted thief, and in 
 time " a harden'd, stubborn, unrepenting villain." 
 Still, it may be said, if this method of treat- 
 ment reduces the number of sleepers-out, it is 
 not so bad after all. But does it ? On the 
 contrary, all the figures obtainable from the 
 Home Office point to exactly the opposite con- 
 clusion, and prove that our statements are not 
 based merely on sentiment. On pages 62, 63 
 will be found tables showing for the quinquen- 
 nial period 1900-1904 the official statistics 
 relating to juvenile-adults (males) from sixteen 
 to twenty -one years of age apprehended and 
 convicted for sleeping out and begging in 
 England and Wales, along with the numbers for 
 one large city — Manchester. 
 
V THE VAGEANCY LAWS 61 
 
 These figures make painful reading ; for while 
 it is certain that the same youth has again and 
 again been convicted for these misdemeanours, 
 so that the number of convictions is much 
 greater than the sum of offenders, it is equally 
 certain that there has been a constant growth 
 in the total number implicated. The steady 
 increase in convictions for begging — the number 
 of cases in 1900 being 310 and in 1904, 739, or 
 an increase of 138 per cent — is a fact which at 
 once shows the utter futility of our present 
 method and its complete powerlessness as a 
 deterrent. Nor is this wonderful : for a punish- 
 ment which only deals with effects, and does 
 nothing to get to the root of the matter and 
 remove the causes which have produced and 
 continue to produce them, can only be expected 
 to prove idle and fruitless. 
 
 This increase has not been a sudden one, or 
 confined to one year, but continuous : — 
 
 In 1901 increase was 66 cases, or 21 per cent on a total of 376 cases. 
 „ 1902 „ 69 „ 18 ,, „ 445 „ 
 „ 1903 „ 179 „ 40 „ „ 624 „ 
 „ 1904 „ 115 „ 18 „ „ . 739 „ 
 
 No doubt the depression of trade in 1903 
 and 1904, and the return of thousands of young 
 soldiers from the War in South Africa, unduly 
 
62 THE MAKING OF THE CRIMINAL ch. 
 
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THE VAGEANCY LAWS 
 
 63 
 
 swelled 'the numbers in these years, but the 
 most important fact remains the same, i.e. that 
 the infliction of short sentences of imprisonment 
 is not the right way of dealing with this offence 
 so far as boys and young men are concerned, 
 but is, on the contrary, an almost certain 
 method of ensuring a complete loss of self- 
 respect and an utter indifference to future 
 convictions. 
 
 TABLE No. 2 
 
 Juvdnilb-Adults (Males), sixteen to twenty-one years of age, 
 convicted after apprehension for Begging and Sleeping Out 
 — five years, 1900 to 1904 
 
 England and Wales and Manchester 
 
 Year. 
 
 Total convictions, 
 
 England and Wales 
 
 (including 
 
 Manchester). 
 
 Juvenile-Adults 
 
 (Males). 
 
 Total convictions, 
 
 Manchester. 
 
 Juvenile-Adults 
 
 (Males). 
 
 Percentage of 
 
 Manchester 
 
 convictions to total. 
 
 England and 
 
 Wales. 
 
 1900 
 1901 
 1902 
 1903 
 1904 
 
 742 
 
 863 
 
 1016 
 
 1147 
 
 1390 
 
 26 
 S6 
 86 
 89 
 61 
 
 . Per cent. 
 34 
 64 
 84 
 71 
 
 In Manchester in 1900 only two youths were 
 convicted for begging, but in 1904 sixteen, a very 
 considerable increase, though not so alarming 
 
64 THE MAKING OF THE CRIMINAL ch. 
 
 as the percentage figures — an increase of 700 per 
 cent — might lead us to suppose. 
 
 Although the option of a fine is sometimes 
 given in these begging cases, as a rule it may be 
 assumed that fully five-sixths of those convicted 
 go to prison. 
 
 Sleeping-out cases also have unhappily multi- 
 plied—from 432 in 1900 to 651 in 1904, or 50^ 
 per cent. With regard to these similarly the 
 increase was steady, except in 1903, when there 
 was a decrease of 48 cases as compared with 
 1902, only to be followed by the striking 
 increase of 128 cases, or 24 per cent, in 1904 
 — an increase again partly attributable to the 
 depressed conditions of trade during the latter 
 year. 
 
 In Manchester the increase was considerably 
 
 greater than in the country as a whole, the 
 
 numbers being : — 
 
 1900 24 
 
 1904 45 
 
 or 87|- per cent. 
 
 Deplorable as is the state of things disclosed 
 by these figures, they do not present to the 
 casual observer the whole of the evil, for, in 
 addition to the cases in which conviction has 
 
V THE VAGEANCY LAWS 65 
 
 followed arrest, it must be remembered tbat 
 there are many cases where the charge is dis- 
 missed. The dismissal of the charge does not, 
 as a rule, relieve the position in the least ; it 
 leaves the wretched youth just where he was 
 before. "Think yourself lucky you have not 
 had to go to prison," some one says to him, and 
 so he does. But this thought in no way helps 
 him to find work, food, or shelter, though 
 happily he may get work before he is arrested 
 again, and so end his troubles, and avoid the 
 disgrace of imprisonment. 
 
 Let it be distinctly understood that we are 
 only referring to the working of the Vagrancy 
 Acts so far as youths are concerned. The adult 
 question is on an entirely different footing. To 
 allow lads to beg, or to " sleep out " in yards, 
 enclosed grounds, brickfields, etc., would be a 
 nuisance to society ; what we plead for is an 
 alteration in method which might set the lad 
 upon his feet instead of, as our present system 
 so often does, causing him to sink lower and 
 lower. If the quality of the water supplied by 
 our waterworks is not what it should be, in- 
 vestigations are immediately made to discover 
 
 the cause of contamination at its source. 
 
 F 
 
66 THE MAKING OF THE CEIMINAL ch. 
 
 Instead of following this example, our system of 
 punishment, as it were, allows the tainted water 
 to enter the reservoirs, makes a perfunctory, un- 
 scientific attempt at filtration, and for the most 
 part redistributes it no purer than it came. In 
 fact, we spend more time and effort in devising 
 repressive measures than in tracing the origins 
 of crime, or providing for the right guidance of 
 the youth of the poorer classes. There is no 
 doubt that very many of the confirmed criminals 
 who fill our prisons to-day are men who were 
 originally convicted for some trivial offence 
 under the Vagrancy Laws, and who, with 
 different treatment in the first instance, might 
 have developed into valuable, or at least harm- 
 less, members of society. Imprisonment for a 
 week or a fortnight might not in many cases 
 seem a very unjust or a very harsh punishment, 
 if that were all. The pity of it is that it is not 
 all. " Seven days ! " says the magistrate, and a 
 malignant spirit of the future may echo, grim 
 and cynical, " Seven days, and a criminal 
 career ! " For very often the first sentence has 
 the effect of a declaration of war by the 
 community on the offender. He is filled with 
 resentment at what he considers the wrong done 
 
V THE VAGEANCY LAWS 67 
 
 him, he feels that he has been humbugged, that 
 after all might is right, that it is justifiable to 
 meet might with craft ; and taking up the gage 
 of battle, he becomes the bitter enemy of 
 authority. 
 
 But our whole system is based on a mistaken 
 principle ; it is retrospective, not prospective, 
 for it looks entirely to the past instead of to the 
 future ; it has in view the offence, not the 
 offender ; what he has done, not what he is ; 
 what he has failed to be, not what he may 
 become. It omits to recognise that society, 
 having by its conditions reduced an unfortunate 
 youth to penury and the police court, owes it 
 to him to do all in its power for his rehabilita- 
 tion. For though the first object of punishment 
 must be, not the good of the criminal, but the 
 protection of society, it is by cutting ofi" the 
 supply of criminals by foresight and care for the 
 individual while young that this can best be 
 attained. As it is, punishment too frequently 
 appears to be the vengeance of the community 
 blindly inflicted on those who, from no fault of 
 their own, trouble its tranquillity or ruffle its 
 respectability. Could anything be more unjust, 
 more fundamentally barbarous ? 
 
68 THE MAKING OF THE OEIMINAL ch. 
 
 In countries where the difficulty of obtaining 
 work is not so great, youths who come under the 
 operation of vagrancy laws are not so deserving 
 of special consideration, since their own fault 
 forms a larger element in their troubles. Bel- 
 gium is probably the country which has made 
 the most determined and sweeping attempt to 
 solve the vagrancy problem as a whole, though 
 whether with deep-reaching success so far as the 
 vagrants themselves are concerned is an open 
 question.-' Men who have become vagrants and 
 beggars because, though not unemployable, they 
 are unemployed, and first offenders of this cate- 
 gory, are sent to a " House of Eefuge " for a 
 maximum term of one year, whilst those who 
 are inefficient and prefer a vicious and idle 
 existence are placed, when arrested, in a huge 
 Reformatory, Farm-Colony, or " Beggars' Depot " 
 (the "D^pot de Mendicity" at Merxplas), contain- 
 ing some 5000 inmates, who, besides producing 
 practically all their own food, clothing, etc., are 
 engaged in nearly every variety of manual labour. 
 The maximum detention is for seven years, the 
 
 1 Cf. Report of the Departmental Committee on Vagrancy, 
 1906 ; and Board of Trade Report on Methods for Dealing with the 
 Unemployed m Foreign Countries, by Mr. D. F. Sehloss, 1904. 
 
V THE VAGEANCY LAWS 69 
 
 minimum for two, or if imprisonment has pre- 
 ceded the committal, for one year. It is enjoined 
 that persons under twenty-one shall be com- 
 pletely separated from the older inmates, and 
 spend certain hours in school instead of at labour. 
 But in September 1903 only 28, and in August 
 1905^ only 27 inmates were under twenty-one 
 years of age, for vagrants and beggars between 
 the ages of fourteen and eighteen are placed in 
 one of the " Ecoles de Bienfaisance " or "Ecoles de 
 K^forme" previously mentioned, and may be, and 
 often are, detained till their majority. Though 
 " as a rule too little oversight and care are exer- 
 cised " ^ when their freedom is restored, it seems 
 sufficient to preserve those dismissed at earlier 
 ages from sinking back to the status of the 
 vagrant. The fear of prolonged detention no 
 doubt acts on the young as a deterrent, and 
 makes them hesitate before taking to a vagrant 
 career. 
 
 In Germany a lad honestly desirous of work 
 has other alternatives besides the casual ward 
 and the prison. He may apply at one of the 
 
 1 Rev. W. Carlile, The Continental Outcast, 1906. 
 
 2 Good Words, June 1901. "Hooligans at Home and Abroad.^ 
 R. M. Barrett. 
 
70 THE MAKING OF THE CKIMINAL ch. 
 
 well-organised labour bureaux, and if work for 
 which he is suited cannot be obtained in the 
 neighbourhood, may receive a " Wanderschein," or 
 passport, enabling him to travel by a specified 
 route to a place where labour is in demand. At 
 intervals of half-a-day's march he will find relief- 
 stations, where his papers will be examined, and 
 in return for a few hours' work will receive food 
 and lodging. It may be objected that this 
 system makes a vagrant life too easy, but where 
 the rules and discipline are strictly maintained 
 this is not the case, for a labour registry is con- 
 nected with each of these stations, and those 
 who make use of them are not permitted to go 
 round looking for work, but must accept any 
 suitable situation ofi"ered, or become ineligible for 
 further assistance. The youth might thus tramp 
 from one end of Germany to the other without 
 suffering hardship or disgrace. Or he might 
 enter one of the " Workmen's Colonies " found 
 all over the country. Private enterprise estab- 
 lished the first some twenty years ago, and there 
 are now thirty-three, managed by twenty-five 
 voluntary societies working in connection, and, 
 with the exception of three which are self-sup- 
 porting, subsidised by the Government. Founded 
 
V THE VAGRANCY LAWS 71 
 
 to combat vagabondage, tbeir purpose is by strict 
 discipline and Christian principles to restore 
 vagrants and men apparently incapable of steady 
 work, or for any reason unable to obtain it, 
 to respectable and independent industrial life. 
 There need be no degradation or loss of self- 
 respect in becoming an inmate of one of these 
 colonies, and as very hard work and no intoxi- 
 cants are the rule, it has been claimed that the 
 thoroughly vicious and idle seldom enter them. 
 They are evidently, however, largely used by 
 undesirable " ins and outers " and ex-prisoners, 
 as affording the only alternative to a long and 
 compulsory period of detention. For as in Hol- 
 land and Belgium, so in Germany, beggars and 
 vagabonds are dealt with far more severely and 
 thoroughly than by our laws. A maximum of 
 six weeks' imprisonment may, for a repeated 
 offence, be followed by one to two years' confine- 
 ment in a House of Correction, where they are 
 kept hard at work on farm labour. On one day 
 in 1905, the number of such "colonists" was 
 3807, distributed among 469 buildings. The 
 average cost of their support (supplementary to 
 what their labour provided) was 47f p£, or just 
 under 6d. per day. After a stay of two or three 
 
72 THE MAKING OF THE CKIMINAL oh. 
 
 months an inmate may leave with money earned, 
 and a certificate which enables him more easily to 
 obtain permanent employment. " Verpflegungs- 
 stationen " are provided where those on their 
 way to a colony may get board and lodging, so 
 that they too need never beg their way. Whether 
 colonies of this kind may be advocated per se 
 does not concern us here. Their success, indeed, 
 seems moderate, since the number of men who 
 leave them for situations has failed to rise with 
 the number of colonists. In 1895 and 1903 the 
 numbers respectively were : — 
 
 Colonists . 7,869. Situations found . 1886. 
 „ . 10,307. „ „ . 1966. 
 
 Of 73,953 men who passed through the colonies 
 in the nine years 1895-1903, 7962 left for 
 situations found by themselves, and 7976 for 
 situations found by the colonies, and of the 
 total number 4336 were lads under twenty-one. 
 Of 8472 admitted to one colony, that of Kas- 
 torf, Hanover, in the course of twelve months 
 (1904-5) 377, or 4"4 per cent, were under 
 twenty ; and of the 8303 persons who quitted 
 the establishment 2379 went to situations.^ 
 
 ^ Mr. ScUoss' Beport, 1904. Statutm des Fereins fur Arbeiier- 
 Colonien, Hannover. Jahresherickt des Hauptkomitecs des Vereins 
 
V THE VAGEANCY LAWS 73 
 
 Respectable workmen only use them as a last 
 resort, and the results may not be brilliant, 
 nevertheless the existence of these institutions 
 gives another chance to lads such as are above 
 described. Here again the law for " Flirsorge- 
 erziehung " may apply to them up to the age of 
 eighteen ; institutions for receiving such cases 
 are sometimes found in connection with the 
 Workmen's Colonies. But it is clear that in 
 Germany no decent youth should ever find his 
 way to a police station as a result of misfortunes 
 such as bring him there in England. 
 
 In Austria and Switzerland there are similar 
 systems of relief-stations and labour registries. 
 In the latter country Workmen's Colonies are 
 also found, but as only five youths entered them 
 in 1905, they need not delay us here, any more 
 than the one French colony, to which no person 
 under twenty was admitted. 
 
 A good example of the assistance given by 
 voluntary efi'ort to youths of this type in 
 America is furnished by the New York Children's 
 Aid Society, " which for fifty years has devoted 
 
 fiXr Arheiterlcolonieen, Hannover, 1905. It may not be generally 
 known that one of these German colonies has existed for many 
 years in Hertfordshire, and is responsible for the return of many a 
 "destitute alien " to his native land. 
 
74 THE MAKING OF THE CEIMINAL ch. v 
 
 its efforts to reclaiming migratory children." 
 The doors of its lodging-houses are constantly 
 open to all comers between the ages of twelve 
 and nineteen, and efforts are made to discover 
 what has brought each boy or girl to them, and 
 provide due assistance. The nightly average of 
 lodgers is about 400, and 5563 young people 
 availed themselves of the Homes in the course 
 of a year. " The Society employs thirty -two 
 experienced agents, supervisors, and probation- 
 officers to look after the interests of these young 
 people, putting them in the way of a brief 
 training to fit them for employment either in 
 the city or, preferably, in the country ; to find 
 such employment for them, and visit them in 
 their country homes ; and in every possible way 
 striving to influence them to a steady life, and 
 to advance themselves." A farm school in con- 
 nection with the lodging-houses is very successful 
 in training many girls and boys for a life in the 
 country, where there is a great demand for 
 them.^ 
 
 ^ Report of the Proceedings of the Third International Congress for 
 the Welfare and Protection of Children. London, 1902. "Migratory 
 Children." Charles Loring Brace. 
 
CHAPTEE VI 
 
 OBSTRUCTION AND RAILWAY TRESPASS 
 
 The offences against the Vagrancy Laws de- 
 scribed above are not the only ones whose 
 punishment demonstrates the evil effects on 
 youths of short sentences of imprisonment. 
 There are, in addition, two charges common in 
 our large towns and cities which appear to be 
 dealt with in a way that does the least possible 
 good and not infrequently much harm : namely, 
 those for " street - obstruction " and "railway 
 trespass." 
 
 We only refer to the former in so far as it 
 affects boys charged with selling in the streets ; 
 the charge of obstruction against decent youths 
 for blocking the footpaths in the residential 
 parts of a city is something of an entirely 
 different kind, and only in very few cases results 
 in imprisonment ; whereas the charge against a 
 
 75 
 
76 THE MAKING OF THE CEIMINAL ch. 
 
 lad for selling flowers in one of the main streets 
 is followed more often than not by his " going 
 down," as it is termed, for seven or fourteen days. 
 This treatment rarely does any good, for the same 
 youth will " go down " time after time, and 
 become more reckless and indifferent with every 
 repetition of the experience. No one would 
 argue that youths with their small wares, 
 flowers, or fruit should be allowed to crowd the 
 streets and annoy foot-passengers by their 
 persistent efforts to effect a sale, but the offence 
 is surely one that might be treated in some 
 other way, a way if possible that would ensure 
 the complete disappearance of the lad as a 
 street-seller. 
 
 We know well the case of a youth, H. W., who 
 in an accident in 1904 lost the greater part of 
 the fingers of both hands. Since then he has 
 sold papers about the streets. He is in many ways 
 without question an undesirable person. Up to 
 June 14 of the present year he had been con- 
 victed no less than ten times for obstruction, and 
 served sentences of seven days up to a month ; 
 in June he was again sentenced to a month's 
 imprisonment for the same offence. No doubt, 
 both police and magistrates correctly administered 
 
VI OBSTEUCTION & EAILWAY TEESPASS 11 
 
 the law and did their duty, but it is hard to 
 see what can be the use of such treatment in 
 the case of a youth debarred from ordinary em- 
 ployment by the accident he has met with. It 
 must indeed be hard for a lad to see the 
 justice of so severe a punishment for what he 
 may sincerely regard as a legitimate attempt 
 to earn an honest living, especially hard when 
 he sees other hawkers in the same street go 
 unmolested. Continued acquaintance with the 
 prison, continued feelings of resentment against 
 a social system which is so hard upon the 
 unfortunate, are certain to lead to criminality, 
 unless a youth of this kind can be set up in 
 some occupation like that of a hawker with a 
 regular license. 
 
 The other offence referred to, that of rail- 
 way trespass — i.e. touting for odd jobs, such as 
 the carrying of passengers' parcels, etc. , at the ap- 
 proach to a railway station — is really very much 
 confined to a particular class, and a very disrepu- 
 table class, being one composed chiefly of idle, 
 dissolute, outcast youths who make their homes 
 in the lowest common lodging-houses. During 
 the week they generally earn quite as much as or 
 more than respectable working lads, but dissipate 
 
78 THE MAKING OF THE CEIMINAL oh. 
 
 their gains in vicious habits of all kinds, princi- 
 pally gambling ; for lads who " work the rattler," 
 as this occupation is described in their own 
 slang, are inveterate gamblers. They may have 
 been without a job from ten in the morning until 
 noon, and then perhaps earn sixpence. At once 
 the money is staked in a game of pitch- and -toss, 
 or handed to another lad that he may run to 
 some small bookmaker and risk it upon a horse. 
 Or it is even staked in a bet made on the spur 
 of the moment on the number of the next tram- 
 car which may be coming along. 
 
 These lads nearly always work in gangs, and 
 become regular pests in any large city. Im- 
 prisonment for a few days is absolutely meaning- 
 less to them, and is not in the faintest degree a 
 corrective or a deterrent. Many young fellows 
 of eighteen to twenty years of age have been 
 convicted time after time, and their future under 
 our existing method of punishing the offence is 
 one full of possibilities, or rather probabilities, of 
 evil. 
 
 Occasionally, but only occasionally, a really 
 respectable lad also endeavours as a last resource 
 to earn a little in this way, and in the smaller 
 country towns may succeed ; but in the great 
 
VI OBSTEUCTION & EAILWAY TEESPASS 79 
 
 centres the regular habitues of the station - 
 approach drive him off if they can, much as 
 Turkish street-dogs drive a canine intruder from 
 their special " beat." For the ranks of the boys 
 of this class are recruited from companions they 
 meet at night, and from youngsters who have 
 lived such lives as those described in Chapter I. 
 These are certain to know many youths making 
 their living " on the stations." 
 
 As a matter of actual experience, we have 
 found that lads who have earned their living in 
 this way for some months are more difficult than 
 any others to win back to any regular orderly way 
 of gaining a livelihood. Many of them join the 
 Militia, and a few pass on to the Line, but the 
 majority finish their Militia training only to go 
 back to their old way of living, and to drift 
 steadily downward, impelled rather than deterred 
 by existing methods of treating the nuisance 
 they undoubtedly cause. 
 
 Short sentences of imprisonment are absolutely 
 useless where these youths are concerned, and in 
 a later chapter (Chapter IX.) we shall suggest 
 the directions in which an alteration of the 
 existing law might be useful. 
 
CHAPTEE VII 
 
 THE YOUNG THIEF 
 
 No one paying particular attention to the youths 
 from sixteen to twenty-one years of age in any 
 of this country's larger prisons can fail to notice 
 how great is the number committed to them for 
 petty theft of all kinds. For some obscure 
 reason it seems to be an offence steadily on the 
 increase ; not that valuables are much stolen, 
 but frequently old iron, clothes, and very often 
 indeed boots — articles, in fact, which are easily 
 turned into cash at the pawnbrokers' or the 
 marine-store dealers' shops. 
 
 In the evolution of the habitual criminal from 
 boyhood to manhood, theft seems almost invari- 
 ably to form a distinct stage. A child of ten or 
 eleven is of an unsettled disposition, plays truant 
 from school, and refuses, sometimes justifiably, 
 to stay at home. At this stage he may be 
 
 80 
 
OH. VII THE YOUNG THIEF 81 
 
 captured by the Industrial School and his evil 
 tendencies checked. But if he eludes this good 
 fortune the time comes when he takes some 
 apples from a greengrocer's hamper, or a few 
 groceries perhaps, or a pair of boots which are 
 hanging temptingly outside the window of a 
 shop. And again he is to be congratulated if 
 his progress has been rapid enough to ensure 
 detection before he is sixteen, as then he can be 
 sent to a Keformatory. Proof of this develop- 
 ment in the direction of theft may be found in 
 the fact that whereas 50 per cent of the boys in 
 our Industrial Schools are there for truancy, 
 vagrancy supplies only 10 per cent of those in 
 a Reformatory the great majority being sent 
 there for petty thieving. It is the same on the 
 Continent; over 90 per cent of the boys, e.g., 
 at the Berlin Reformatory, Lichtenberg, have 
 been guilty of stealing. But though criminality 
 generally comprises theft, theft by no means 
 always points to criminality, and where lads of 
 over sixteen are concerned, there can be no doubt 
 that this petty thieving is of two absolutely 
 distinct kinds. These are : — 
 
 {a) Induced by hunger, and usually on the 
 impulse of the moment. 
 
82 THE MAKING OF THE CEIMINAL oh. 
 
 (b) The putting into action of a deliberately 
 thought-out plan of obtaining money 
 or its equivalent by unlawful means. 
 Youths coming under section (a) have fre- 
 quently not a taint of criminality about them, 
 and have every wish to do right. But days, or 
 it may be weeks, of wretchedness while engaged 
 in a vain effort to find work have made them 
 reckless, or, as some of them say, have caused 
 them to think that even prison would be better 
 than being constantly driven from pillar to 
 post. And so a loaf, biscuits, eatables of some 
 kind may 'be stolen from a grocer, or anything, 
 it matters not what, taken and sold to obtain 
 food. A youth of this class is not a hardened 
 thief, and if set on his feet would probably never 
 steal again. It would not be right for one 
 moment to allow him to imagine that destitution 
 conferred a right to thieve, but in many cases 
 we think it would be possible on a first charge 
 to deal with such a lad under the First Ofi"enders 
 Act, and to have employment and a home found 
 for him. There is the widest difference between 
 him and the lad coming under section (6). But 
 if he is sent to prison at all, a sharp sentence of 
 three, six, or twelve months is infinitely more 
 
Vii THE YOUNG THIEF 83 
 
 useful than one of a month. While serving it 
 he is well cared for, and if he conies under the 
 operation of the Borstal system, fully detailed in 
 Chapter X., will be usefully employed while in 
 prison, and when work is found for him on his 
 release will generally settle down to it with a 
 will. From some experience with ex-juvenile- 
 adult prisoners of this class, we are well within 
 the mark in saying that over 80 per cent of 
 youths severely, very severely, punished, if 
 punished at all, ultimately turn out well. The 
 short sentence is the one evil to be feared. 
 
 Under this category also comes a by no 
 means inconsiderable number of cases of youths 
 who, seeing their people at home starving or on 
 the verge of starvation, steal to procure means 
 of supplying their want. Here also there is no 
 real likelihood of the boy becoming a criminal ; 
 in presence of the deep wrong that it seems that 
 his mother and young brothers and sisters should 
 suffer thus, his ordinary conceptions of probity 
 may reasonably be affected, and misguided as is 
 his act, it is due to the finest instincts within 
 him, to a sympathy which cannot bear to see 
 those dear to him famished and sick, and makes 
 him reckless of the consequences to himself 
 
84 THE MAKING OF THE CEIMINAL oh. 
 
 Provided work is found for him he may well be 
 treated under the First Offenders Act, but if 
 not, the long sharp sentence is altogether pre- 
 ferable to the short one, which can only do him 
 harm. 
 
 The case of the youth charged under section 
 (&) is altogether different. As a rule no course 
 can be taken that is more unfortunate and 
 fatally unkind than to deal with him under the 
 First Offenders Act. The boy has often used 
 much cunning and ingenuity in committing his 
 thefts. If he has worked in an office, the 
 abstracting of letters containing postal orders, 
 and the subsequent fraudulent cashing of the 
 same, has been the form his wrong-doing has 
 taken. Usually this is a boy who is working 
 on a higher social plane than his parents ; he 
 likes to dress, as he thinks, smartly ; is anxious 
 not only to go himself, but also to treat his 
 friends, to the theatre and the music-hall ; and 
 always to feel a little money in his pockets. In 
 short, he loves ostentation, and corresponds to a 
 type well known in circles where credit is freely 
 given, and there are convenient relatives in the 
 background to pay the bills. His little rightful 
 pocket-money will not permit of all this, and 
 
VII THE YOUNG- THIEF 85 
 
 he casts about for some means of obtaining the 
 surplus he needs, and by robbing the stamp - 
 drawer, pilfering postal orders, or stealing and 
 selling some of his master's goods, gains his 
 end. 
 
 Such a youth runs the risk of becoming a 
 really dangerous thief unless sharply dealt with, 
 but very often indeed an employer, rather than 
 prosecute, will let him off, listening to the 
 parents' appeal for the matter to be allowed to 
 drop, and simply contenting himself with dis- 
 missing the culprit. 
 
 Ingrained amongst people in general is a very 
 strong feeling that a lad's chance is spoiled for 
 life by a conviction followed by a term of im- 
 prisonment ; far more often his life is spoiled by 
 the failure to punish severely youthful delin- 
 quencies of this kind. A boy should be made to 
 feel the wrong he has done, to understand how 
 serious his offence is, and to realise that justice 
 demands its expiation. Often enough, when let 
 off altogether, he entirely fails to feel anything 
 of the kind. It is to be feared that both he and 
 they who decide his fate see as much or more 
 disgrace in the punishment than in the deed. 
 
 Just recently a case came to our notice of a 
 
86 THE MAKING OF THE CEIMINAL oh. 
 
 youth, previously thoroughly respectable in every 
 way, who was brought before the magistrates for 
 ofl&ce-pilfering. A strong appeal was made on 
 his behalf, and he was discharged. The firm who 
 employed him immediately on his discharge from 
 the court, now find he is pilfering from their 
 office also ; the previous lenient treatment having 
 had no real effect. But instead of prosecuting 
 they intend to try and get him to sea ; an 
 expedient which so many, apparently convinced 
 that " the sea washes off all the ills of men," 
 imagine an ideal one for dealing with unsatis- 
 factory boys. 
 
 Such lads, if they are only sixteen, require 
 two or three years' training in a good school of 
 the Reformatory type ; and if eighteen or more, 
 a twelve-months' sentence, which would bring 
 them under the excellent Borstal system, and no 
 doubt in many cases mean the saving of their 
 future character. By its various Committees 
 throughout the country the Borstal Association 
 is able to find for nearly all the youths who are 
 undergoing this treatment good employment on 
 leaving the prison, and it is only the lad's fault 
 if he does not then do well. If employers 
 and others had more faith in the reformative 
 
VII THE YOUNG THIEF 87 
 
 influence of the machinery of punishment they 
 would be less loth to prosecute.'^ 
 
 A lad of this kind is only too often made a 
 criminal by being let off when he has done real 
 wrong. The lad who has merely begged or 
 " slept out " is equally made a criminal when he 
 is sent to prison for having done no real wrong 
 at all. The latter, as a rule, may well be let off ; 
 but the former, who has stolen when he had no 
 need, and has exercised skill and cunning in 
 doing so, should always be punished for the sake 
 of the future. 
 
 1 Cf. Havelook Ellis, The Criminal, pp. 358-9 :— " A girl of twelve 
 uot long since murdered a child of four. . . . The jury acquitted her. 
 They acted in defiance of the evidence and of the law. It is clear 
 that what they said to themselves was this : The law will send this 
 girl to prison for some ten or fifteen years ; we do not believe in 
 the advantage of that, and we prefer to deliver her from the law 
 altogether. They were, as the judge said, a very merciful jury. But 
 it is not by shuffling evasions of laAv that civilisation progresses. We 
 need just and reasonable laws, not merciful juries. . . . If we are to 
 avoid the dangers of lying and cowardly verdicts, we must see to it 
 that our law keeps pace with our knowledge and with our methods of 
 social progress." 
 
CHAPTEE VIII 
 
 THE DEVELOPMENT OF THE CRIMINAL 
 
 We have now reviewed the various types of 
 youths who most frequently recruit the criminal 
 ranks, along with some of the causes which seem 
 to impel them to a downward course, but before 
 referring to any possible remedies for the exist- 
 ing state of things, let us trace the gradual 
 development of the criminal. Let us notice 
 how, intellectually, his low surroundings seem 
 frequently to dull a mind previously active and 
 keen enough ; how, socially, he has been reduced 
 to accept as companions youths of the lowest 
 stamp ; how his self - respect has gone ; how 
 entirely restraint upon the impulse of any 
 passion seems to have disappeared ; and how 
 difficult it is for him, even when the effort is 
 made, to mix with such of his fellows as have 
 not like himself been acquainted with the prison, 
 and become versed in the ways of those whose 
 
OH. VIII DEVELOPMENT OF THE CEIMINAL 89 
 
 whole life seems to be a constant rebellion 
 against the ordinary usages of society. 
 
 Tbe great bulk of criminals are not made 
 quickly ; a deadly apprenticeship is usually 
 served, and the stupefying of the intellect is, 
 as a rule, an early stage in the process. A 
 youth has passed his Seventh Standard at the 
 Elementary School, has taken some small interest 
 in good reading, has perhaps pursued some little 
 hobby, when, from one cause or another, his first 
 term of imprisonment is served. If he is not at 
 once given the chance he needs, what follows ? 
 The common lodging-house, and the conversation 
 of the " pals " he meets there, conversation 
 generally devoid of anything even approaching 
 serious thought, often lewd and jwicked ; reading, 
 except that of the most objectionable kind, 
 utterly laughed at ; writing practically unheard 
 of, and amid such surroundings only a madman's 
 hobby. Quickly, all too quickly, he loses interest 
 in most things good, and pricks up his ears as he 
 hears mention made of this or that horse that 
 may win some race, or the details of a " soft 
 job" which some of his companions have "on." 
 Gradually, but surely enough, as time goes on, 
 and he lives his uncared-for life, thieving and 
 
90 THE MAKING- OF THE CEIMINAL ch. 
 
 violence become less repugnant, and lie finds 
 himself looking at shop -windows and other 
 premises merely with a kind of inquiry as to how 
 he might " lift " something or successfully engage 
 in " tea-leafing " (robbing a till), and with no 
 other interest. The politics of the day, the very 
 life of the city in which he lives, are a blank to 
 him ; and nothing is more difiicult to restore in a 
 youth who has spent some years in this way than 
 a healthy interest in all there is around him. 
 
 And with this decay of intellect there is the 
 inevitable social fall. The boy feels he has cut 
 himself adrift. What matter now what clothes 
 he wears ? What matter whom he " pals with " ? 
 Who cares where he goes ? The lowest public- 
 house is his appropriate resort, the most notori- 
 ously evil set of lads are his equals ; his former 
 friends do not want him — nobody cares what he 
 does. And so socially, as well as intellectually, 
 he drifts ever lower, to a depth from which it is 
 very hard to raise him, a depth, however, from 
 which it would be much less difficult to rise were 
 there more of a real and large-hearted charity 
 and feeling of brotherhood among those who bear 
 the name of Him who said, " He that is with- 
 out sin among you, let him first cast a stone." 
 
VIII DEVELOPMENT OE THE CEIMINAL 91 
 
 These two marked changes, the intellectual 
 
 and the social, almost inevitably bring about 
 
 an equally marked and terrible deterioration of 
 
 character. There is first to be noticed the 
 
 growth of a certain cunning, a strange secretive- 
 
 ness, a want of real openness, a timidity about 
 
 disclosing any of the real facts of his life — 
 
 perhaps this is natural — a deliberate effort to 
 
 deceive on all possible occasions. Although 
 
 living a careless, free, easy life, knowing no 
 
 restraint, let a stranger of slightly higher social 
 
 standing come in contact with such a lad, and 
 
 all the freedom and the ease of his bearing have 
 
 gone. He looks up suspiciously, and hesitates 
 
 before answering questions, obviously wondering 
 
 what the other knows about him, and what, to 
 
 use his own expression, he is "getting at." 
 
 Only with his own low chums is he entirely at 
 
 his ease ; outside their circle he is doubtful and 
 
 distrustful of all who come in contact with him, 
 
 his conscience — of which he has not the vaguest 
 
 conception — making him a coward and a craven. 
 
 In other directions, also, there is a grievous 
 
 change. Whilst living at home — however poor 
 
 and bad home may have been — he could not do 
 
 just as he pleased. When a meal was ready he 
 
92 THE MAKING OF THE CRIMINAL ch. 
 
 could not always take for himself the whole of 
 what he cared for most ; whatever it was had 
 to be divided. He was not entirely his own 
 master ; many a time he had to help in the 
 " tidying-up " of the house, and perform little 
 homely tasks, which were all good for him. He 
 was learning, if very poorly and inefficiently, 
 that his life could not be lived for himself alone ; 
 he respected more or less the property of his 
 relatives and friends. 
 
 All this has been changed, and as the years 
 slip by, liberty and imprisonment alternating, 
 his life becomes one of complete self-indulgence 
 and depravity. Whatever he may earn is 
 devoted — to what ? The procuring of better 
 housing, better clothes ? No, on the contrary, 
 to the instant purchase of the cigarettes without 
 which he can hardly exist, of strong drink, of 
 a seat at the music-hall, or to the indulgence of 
 some vice more or less expensive to its devotees. 
 Does he care for some particular kind of food ? 
 If he has the money, he will eat it to repletion. 
 Is he inflamed by some sudden passion of rage, 
 or hate, or lust ? Well, there is nothing to stop 
 him from gratifying the impulse, and he too 
 often does. He likes horse -racing, gambling, 
 
VIII DEVELOPMENT OF THE CEIMINAL 93 
 
 drinking, and takes his share in all. No 
 thoughts of the future, of relatives or friends, 
 trouble him ; his social instincts wither and die. 
 The pleasure of the moment for himself is all he 
 seeks, and as a consequence of the life he leads 
 his respect for the rights of others gradually 
 disappears, till he comes to think only of himself 
 and what he wants, and, if he can, takes it, 
 regardless of all law and all custom, gradually 
 and undoubtedly becoming worthy of the 
 description " criminal." 
 
 It is true some influence may arrest him on 
 his downward course : sometimes the words of 
 some really good man touch a chord which for 
 years no hand has found ; sometimes strong 
 afiection for a sweetheart does completely 
 change a life. We have known not a few young 
 fellows say, " Well, I have got to thank my girl 
 for what I am now." There are these bright spots 
 that one may see, but they are rare, and the 
 longer it is between the date of a youngster's first 
 imprisonment and the time when a protecting 
 hand is stretched out to raise him up, the more 
 likely that he will sink to a depth from which 
 it is often almost hopeless to try and drag him. 
 
CHAPTER IX 
 
 POSSIBLE REMEDIES 
 
 Having considered some of the various causes 
 whicli make for the development of the criminal, 
 and pointed out how evil the working of the 
 Vagrancy Laws often proves in the case of lads, 
 we shall now shortly sketch some methods by 
 which it might be possible to amend the existing 
 state of things — methods which would do 
 nothing to render idleness and loafing easier, 
 and which would discountenance as sternly as 
 possible any departure from the ordinary laws 
 of rectitude. 
 
 Let us take first the outcast boy of sixteen 
 to nineteen years of age (see Chapter L), too old 
 for a Reformatory or a voluntary Home, who is 
 making an idle living on the streets, " sleeping 
 out " and begging, and frequently going to prison 
 for short terms for these ofi'ences and also for 
 
 94 
 
CH. IX POSSIBLE EEMEDIES 95 
 
 railway trespass. It may be taken for granted 
 that this boy will not work regularly and 
 steadily in the ordinary acceptance of the 
 word. It will probably be waste of effort and 
 worse to find him a job, for he will not keep at 
 it, and his unsatisfactory conduct may cause the 
 employer to decline to give another lad from the 
 same quarter a chance. He has never acquired 
 the habit of work, and no doubt this is largely 
 his own fault, for he has had plenty of oppor- 
 tunities of doing so. But probably no one has 
 ever explained to him his responsibilities, or made 
 him understand the value of work for work's 
 sake, the necessity of it, not merely on material 
 grounds, but as one of the essentials of happiness 
 as natural and indispensable as food and shelter. 
 If the inducement be high enough and rightly 
 understood, a boy will seldom shrink from any 
 reasonable effort ; if he has never realised that 
 work is an end in itself, but perforce regards it 
 only as a means to the acquirement of comfort 
 and pleasure, is he altogether to be blamed if he 
 decide that the balance of comfort and pleasure 
 inclines to the side of idleness ? Nevertheless, 
 when habits cannot be formed by reason and 
 conviction — and it is the exception when they 
 
96 THE MAKING OF THE CEIMINAL ch. 
 
 are — they can be acquired by compulsion ; and if 
 we reflect we shall see bow large a part the slow, 
 steady pressure of compulsion, not necessarily 
 felt as such, but none the less real, has played 
 in the development of our own habits. And 
 again, is the " outcast " boy to be blamed if such 
 compulsion to work as has been brought to bear 
 upon him has been intermittent, violent, incon- 
 sistent ? Thoroughly idle as he is, we may 
 indeed regard him rather as the victim of a 
 disease due to neglect, for mere idleness is a 
 disease — happily not incurable — resembling a 
 narcotic in its efi'ects on the moral sense. The 
 lads, and they are many, who lose their work 
 after a week simply through bad time-keeping, 
 are suffering from it, and it overcomes them 
 even when they are really doing their best. 
 What is wanted is some anti-narcotic to coun- 
 teract their lethargy, some spur which will keep 
 them alert and make them realise that when they 
 have got work they must keep it. How can 
 this anti-narcotic, this spur, be supplied ? 
 
 Two possible courses seem open. The one is 
 to put in force the recommendation contained 
 in the Report of the Royal Commission on 
 Physical Training {Scotland), 1903, vol. i. pp. 
 
IX POSSIBLE EEMEDIES 97 
 
 20 and 21, pars. 93, 94, and 95, to the effect 
 that Short Detention Schools be established : — 
 
 What is wanted is a means of dealing with the 
 loafer . . . ; a remedy, not a punishment ; a scheme 
 at once practical and economical ; and one which shall 
 be available for young persons up to the age of 
 eighteen, not merely sixteen. 
 
 Some assistance in solving the problem may be 
 afforded by a consideration of what is done for 
 children under fourteen who commit offences against 
 the law, or who have to be rescued from criminal 
 surroundings, or who prove themselves confirmed 
 truants. These may be committed to Industrial 
 Schools. But Industrial Schools are of three kinds : 
 iirst, the ordinary Industrial School, where children 
 are detained for a series of years ; second, the Truant 
 Industrial School, where they are detained for a few 
 weeks ; third, the Day Industrial School, where they 
 receive their food, elementary education, and industrial 
 training in the School, but continue to sleep at home. 
 Can nothing be devised for young persons between 
 fourteen and eighteen similar to the Truant School, 
 or the Day Industrial School ? It is extremely 
 doubtful whether the latter can possibly be as effective 
 in the case of young persons as of children. The 
 attendance of a child at the Day Industrial School 
 implies that the School has the backing of some 
 parental influence, however slight. It may be taken 
 
 H 
 
98 THE MAKING OF THE CRIMINAL ch. 
 
 for granted that no street loafer or hooligan over 
 fourteen is subject to any parental influence whatever. 
 . . . "We suggest that the experiment of establish- 
 ing a Short Detention School, which should bear the 
 same relation to the Eeformatory that the Truant 
 School does to the ordinary Industrial School, might 
 well be tried. Under the existing law a child whose 
 case does not appear to call for a long period of 
 detention can be committed under an indeterminate 
 sentence, nominally expiring at the age of fourteen, to a 
 Truant School. After a few weeks he may be licensed 
 out on condition of attending regularly an ordinary 
 school. If he breaks that condition, he is called back 
 to • the Truant School, and he is detained there for 
 rather a longer term before he can earn a fresh license. 
 In the Report of Your Majesty's Inspector of Reforma- 
 tory and Industrial Schools for 1900, it is stated that, 
 of the .34,000 children who up to that date had 
 crossed the threshold of a Truant School, more than 
 half had done so once and no more ; while only about 
 one in six had had to be admitted more than twice. 
 ... It would be well if some Local Authority had 
 power to establish a similar school for the older class 
 of whom we have been speaking. 
 
 An essential condition for the success of the enter- 
 prise would be that those dealt with should not be 
 youths whose fit and proper place is the ordinary 
 Reformatory School. There must be discrimination. 
 The magistrate should only commit to the Short 
 
IX POSSIBLE EEMEDIES 99 
 
 Detention School those whom he is quite certain he 
 ought not to commit to the Eeformatory School, and 
 the committal should not count as a criminal convic- 
 tion. The Short Detention School should be as brisk 
 and lively, as strenuous in the activity of the school- 
 room and the workshop, and of the drill -yard or 
 gymnasium, as the best-organised Truant School ; and 
 a license, conditional on regular work, . . . should be 
 easily earned. There seems no reason why such an 
 institution should not be as effective as a Truant 
 School, and we suggest that the proposal is at least 
 well worth a trial. An objection may be raised on 
 the score of expense, but if the experiment succeeds 
 it will furnish an answer to that objection, because 
 success would bring a perceptible reduction in the 
 number of young loafers or hooligans, and a corre- 
 sponding saving to voluntary subscriptions, the rates, 
 and the Imperial Exchequer. 
 
 The great majority of lads on the streets 
 are from sixteen to nineteen years of age, and 
 we have not the least doubt that were such 
 Short Detention Schools established, they would 
 speedily lead to the disappearance of many of 
 these youthful loafers from our cities. We 
 would not, however, limit the age of admission 
 to eighteen, but extend it to nineteen or twenty. 
 Youths sent to one of these Schools, say, on a 
 
100 THE MAKING OF THE CEIMINAL ch. 
 
 commitment for twelve months — power being 
 given to the governors to release on license as 
 soon after three months as a lad seemed fit to 
 become a real worker — would in many cases be 
 entirely reformed, if the experience of Juvenile 
 Truant Schools is anything to go by. It is the 
 first few weeks or months of industrial life that 
 mean disaster to most of these youths when they 
 try it — the being at work at six in the morning 
 and sticking to it day after day is too much for 
 them, and usually within a few weeks of starting 
 they are discharged for bad time-keeping. 
 
 As we have seen, imprisonment for short 
 terms ^ does no good ; it does harm, and there has 
 been for years a general concensus of expert 
 opinion as to its evil results. 
 
 We are of opinion that but little, if any, permanent 
 benefit will be produced if the boys are committed 
 to prison for short periods. . . . Short periods of 
 imprisonment, however frequently they may be re- 
 peated, produce no regenerating and lasting effects 
 upon the mind and character, 
 
 wrote the Inspectors of Prisons in 1837, and 
 in the same year the Commissioners, deprecat- 
 
 ' See Appendix, pp. 333-334. 
 
IX POSSIBLE EEMEDIES 101 
 
 ing the sending of juvenile offenders to gaol, 
 observe : — 
 
 The present system may be compared to the economy 
 which works a steam-engine to crush a fly. A too 
 common use of the processes of our criminal courts 
 tends much to a prostitution of the dignity of the 
 law. . . . The juvenile offender comes out of prison 
 much worse in character than when he entered it. 
 
 i The fate of Blue Books is well known. 
 
 But we may confidently hope that a well- 
 disciplined School, giving as much industrial 
 training as possible, with judiciously ordered 
 recreation, drill, reading, and mental instruction, 
 and approximating in the hours of work as 
 nearly as possible to an ordinary working boy's 
 day, would in the space of a few months effect a 
 great change. New ideas would be formed, and 
 new associations and habits created. The central 
 idea of the School would be reformation — educa- 
 tion, not punishment — and the great contrast 
 between life there and life in a prison would be, 
 that whilst the latter demands little more than 
 patience and passive good conduct, from the 
 former nothing but active, steady, conscious 
 eflfort could within a moderately short time bring 
 
102 THE MAKING OF THE CEIMINAL ch. 
 
 release. A term of imprisonment is simply a 
 period to be got through ; ^ a term of confine- 
 ment in a Short Detention School would have 
 to be worked through. While there a lad might 
 work hard for the sole object of quickly gaining 
 deliverance and renewing his shiftless, casual 
 mode of life. But if for three months, six, or 
 twelve he had been forced to rise at five, to 
 strive all day, to do without tobacco, to eat 
 wholesome food, and live a regular life, he would 
 in all probability have become so changed in 
 character and purpose that he would leave the 
 School anxious and ready for work, and better 
 equipped for it than he had ever been in his 
 life before. The day in the factory or at the 
 forge would no longer seem full of intolerable 
 hardship, for he would feel in himself a new 
 power, discover that what before seemed im- 
 possibly difficult had become quite feasible, 
 and that since he can work, work is after 
 all not a bad method of securing comfort and 
 pocket-money. With the new habits would 
 have been acquired health and strength and 
 
 ^ "Hard labour is such that no prisoner could get a living outside 
 if he did not work harder. " Mr. Horsley, quoted by Ha velock Ellis 
 in The Criminal. 
 
IX POSSIBLE EEMEDIES 103 
 
 vigour to continue them, and every day of suc- 
 cessful toil would bring him nearer to becoming 
 a confirmed worker in place of the confirmed 
 loafer who entered the School. And if the moral 
 and physical change, the altered inclination, the 
 new -formed desire were wanting, compulsion 
 would still remain, for he would leave the insti- 
 tution only under the strict proviso that if he 
 were idle and a bad time-keeper he would be 
 brought back to finish his original term of com- 
 mitment. If symptoms of the old disease 
 appeared, the fear of recommitment to the School, 
 with its irksome rules, severe discipline, and 
 absolute necessity for strenuous endeavour, 
 would prove a most effiective medicine and a 
 most poignant spur. In many cases the youth 
 would appreciate and be grateful for what had 
 been taught him, and acknowledge that the 
 enforced efi"ort had been the making of him.^ 
 
 Granted all this, however, who is going to 
 find him work, where is he to live, and how 
 can he possibly be supervised ? These are all 
 
 •* "How often do these young fellows, when asked the reason of 
 their repeated relapses, answer, ' Oh ! if only I'd been let off punish- 
 ment the first time, and sent to a School at once, I should have learnt 
 something useful, and been a decent lad now.' " — Sehlesische Zeitung, 
 June 14, 1906. 
 
104 THE MAKING OF THE GKIMINAL ch. 
 
 questions demanding an adequate and satis- 
 factory answer before we can get any further. 
 
 As to finding the work, the School authorities 
 could probably do this, and it would not be a 
 very difficult matter, the labour of youths nearly 
 always being in demand. But what about his 
 home ? It may be taken for granted that a lad 
 of sixteen would not earn less than 10s. to 12s. 
 a week; if eighteen probably 12s. to 14s. or 15s. 
 A School might easily obtain a list of fifty or 
 sixty desirable homes glad to receive such a 
 youth for 10s. a week, or a little more if nearing 
 manhood and earning more. We ourselves have 
 had no difficulty in getting such a list together. 
 The School would pay the lad's first week's 
 lodging, set him up in clothes, and require a 
 report to be sent in from the home fortnightly 
 until the original term of commitment had 
 expired, after which a report might be sent in 
 once a month, or once a quarter, for a year. 
 
 But something more is still required — some 
 kind of supervision free from all suggestions of 
 police ; and that might be provided by the 
 probation-officer (see Chapter XL), a gentleman 
 who had undertaken to watch over the welfare 
 of the lad, to see him constantly, to help him 
 
IX POSSIBLE EEMEDIES 105 
 
 when necessary, in short to be his friend, and 
 so true a friend that on his showing signs 
 of breaking down and becoming idle, he would 
 at once communicate with the School, and, if 
 necessary, have him taken back to it. 
 
 Such a system would ensure a training, sub- 
 sequent work, a home, and a real friend; and 
 we firmly believe, if once set on foot, would 
 very speedily reduce the number of young 
 loafers, for not only would it deal with those 
 already loafing, but would be a serious con- 
 sideration to a lad who thought of going " on 
 the town." The fear of a smart School for one 
 year or more would be a far more powerful 
 agent in keeping him at work than the thought 
 of fourteen days' imprisonment. 
 
 Failing this scheme, which invoh^es the 
 putting into efiect of the recommendation of 
 the Koyal Commission already referred to, there 
 is another alternative, i.e. to sentence young 
 loafers to a term of not less than six months' 
 imprisonment in one of the special prisons for 
 dealing with young offenders under what is 
 known as the Borstal system (Chapter X.), 
 which is, briefly, the Eeformatory system applied 
 to a prison, and therefore handicapped with 
 
106 THE MAKING OF THE CklMINAL ch. 
 
 many disadvantages. In this case also power 
 might be given for the youth to be released on 
 license before the completion of his sentence, 
 work and & suitable home being found for him 
 in the same way as under the previous scheme, 
 his welfare after discharge similarly being looked 
 after by the proposed probation -officer. 
 
 This latter scheme is far inferior to the 
 former, but would probably avoid the setting up 
 of special buildings. Imprisonment, with its 
 solitary cell ^ and its general surroundings, is not 
 the best way of dealing with a boy whose mis- 
 fortune is that no one has ever seen to it that 
 he has been properly equipped as a worker. His 
 life needs to be brightened and expanded, not 
 narrowed and repressed within dreary prison 
 walls. What is wanted rather is an institution 
 which would endeavour to teach him just those 
 rules of life and conduct which he must observe 
 if he is not to be a continual nuisance and 
 menace to the society in which he lives. 
 Although beginning with the lad when so far 
 advanced in years, it would, we firmly believe, 
 succeed. The task of dealing with these older 
 boys by reformative treatment should not in- 
 
 ' See Appendix, p. 339. 
 
i^ POSSIBLE EEMEDIES 107 
 
 deed prove too difficult, for they are often in 
 a sense better material than the boys who are 
 " caught young." If they have reached the age 
 of sixteen without coming under the notice of 
 the authorities, they are not likely to be very 
 bad by nature, unless they are exceptionally 
 clever, in which case their rescue is all the more 
 desirable. Most of them, we must repeat, are 
 not "bad" at all, but have succumbed to 
 temptations peculiar to their age and station, 
 or are the victims of sheer misfortune, or are 
 mentally deficient. 
 
 The youth who has been in an Industrial 
 School or Eeformatory and has lapsed to the 
 condition of the "outcast" (Chapter III.), 
 might be treated in the same way, or sent to 
 an Industrial School or Reformatory Old Boys' 
 Home. 
 
 These lads would not, of course, all do well ; 
 some, alas ! may seem too hardened and con- 
 firmed in depravity to be sensible to any good 
 influence, and some may be inherently unfitted 
 for industrial life and incapable of settling down 
 to steady work. In these last there is perhaps 
 some good, but they will not do well in a 
 crowded community, and should be transferred 
 
108 THE MAKING OF THE CRIMINAL ch. 
 
 to freer surroundings. Take this example of a 
 troublesome case : — A youth named K., on his 
 release from Strangeways Prison, Manchester, 
 was provided with work and suitable lodgings. 
 After a few days he disappeared, but, on- being 
 rediscovered in prison, was promised another 
 chance. When he came out he was supplied 
 with decent clothes, and arrangements were 
 again made for his reception into a respectable 
 home. He went there, had dinner, walked out, 
 promptly pawned the new clothes for 3s. lOd., 
 and the same evening was back again in one of 
 the lowest lodging-houses in the city without 
 even a shirt. He is now (June 1906) in prison, 
 and when he emerges arrangements will be 
 made privately to send him to the country, 
 where he will have a better chance of forgetting 
 his old habits. 
 
 Different altogether, however, should be the 
 treatment of lads (Chapters II. and IV.) who 
 have come to the notice of the police and magis- 
 trates for offences under the Vagrancy Laws, 
 when they can show that some sudden misfortune 
 is the cause of their distressful position. The 
 police might be instructed that thorough inquiry 
 should be made into all cases where juvenile- 
 
IX POSSIBLE EEMEDIES 109 
 
 adults not known as bad characters are brought 
 before the magistrates, and when it is found 
 that a youth has worked for periods of six 
 months or more with one firm — a fair indication 
 that he ^vill work satisfactorily — it might be 
 made the duty of the authorities to see that 
 work is found for him at a rate of wages 
 sufficient for his maintenance, and a home 
 provided where they would be responsible for 
 the first week's lodging expenses. Objection 
 may be raised to thus employing public money 
 for the relief of one unfortunate class, but the 
 economy of such a course compared with the 
 maintenance of a boy during even one visit to 
 prison is obvious. 
 
 Were a system of probation-officers in exist- 
 ence throughout the country the case might be 
 referred to one of them, and he would find the 
 boy both work and a home, and keep in touch 
 with him afterwards. Only in some such way 
 could properly individualised treatment be 
 secured. For though we have described these 
 boys for convenience' sake as " types," we must 
 never forget that each is a distinct individual, 
 whose personality needs studying and respecting 
 in order that he may retain or develop self- 
 
110 THE MAKING OF THE CEIMINAL oh. 
 
 respect and realise the importance of his re- 
 sponsibilities. So long as he is dealt with, even 
 well and suitably dealt with, as one of a class, 
 he is too likely to appraise himself at the same 
 value. The working expenses of the probation 
 system on properly fixed scales would equally 
 be guaranteed by the authorities. 
 
 A lad who turned out badly and did not 
 keep to his work would, on a second charge, 
 be sent to the special institution possibly 
 provided for the " outcast" class of boy, or fail- 
 ing that, to prison for the Borstal treatment. 
 In practice, however, we believe that if work 
 and homes were found for them, the majority 
 of these youths, the merely unfortunate, would 
 never run any likelihood of drifting into 
 criminality in the future, but would grow up 
 to be good, steady working men. 
 
 Youths guilty of petty theft for the purpose 
 of gratifying their hunger when out of work 
 might be dealt with in the same way as those 
 just referred to, while those thieving when in 
 work, in order to obtain additional means for 
 purchasing their various pleasures, might well 
 come under the Borstal system. 
 
 Some such alteration of the existing law as 
 
IX POSSIBLE REMEDIES 111 
 
 we have sketched would give every chance to 
 the unfortunate and to the outcast who want 
 to work, whilst for the idler it would present 
 terrors of which he now knows nothing. Twelve 
 months or more in an institution, with real hard 
 work, no " tabs," no music-hall, no wages, no 
 betting, would be a very different thing from 
 fourteen days in a prison, with its really little 
 work, and loafing and idleness would be far less 
 attractive than they are at present. 
 
 Perhaps no better argument could be used 
 for the immediate need for a more reasonable 
 method of dealing with such youths and such 
 offences as we have described than the figures 
 shown in the accompanying tables, the details 
 of which are official. 
 
 [Table 
 
112 THE MAKING OF THE CEIMINAL ch. 
 
 TABLE No. 3 
 
 Abstbact showing the Number of Male Prisoners in Birming- 
 ham, Durham, Liverpool, Manchester, and Pentonville 
 Prisons on May 10, 1906, under sentences of three months 
 and over. 
 
 
 .5^ 
 
 a 
 
 o 
 
 £^ 
 
 . 
 
 
 
 
 ■g 
 
 a 
 
 0-S 
 
 1 = 
 t 
 
 1 
 
 Number of prisoners 
 
 218 
 
 127 
 
 301 
 
 412 
 
 603 
 
 1661 
 
 Ages— 
 
 
 
 
 
 
 
 Under 12 . . . . 
 
 
 
 
 
 1 
 
 1 
 
 12 to 16 .... 
 
 1 
 
 
 i 
 
 "2 
 
 
 4 
 
 16 to 21 
 
 39 
 
 22 
 
 40 
 
 37 
 
 105 
 
 243 
 
 21 to 30 
 
 96 
 
 61 
 
 105 
 
 166 
 
 215 
 
 633 
 
 30 to 40 
 
 38 
 
 21 
 
 83 
 
 104 
 
 153 
 
 399 
 
 40 to 50 
 
 27 
 
 24 
 
 47 
 
 65 
 
 69 
 
 232 
 
 60 to 60 
 
 10 
 
 8 
 
 13 
 
 15 
 
 27 
 
 73 
 
 60 and above 
 Total .... 
 
 7 
 
 1 
 
 12 
 
 23 
 
 33 
 
 76 
 
 218 
 
 127 
 
 301 
 
 412 
 
 603 
 
 1661 
 
 Previous convictions — 
 
 
 
 
 
 
 
 Once 
 
 21 
 
 19 
 
 31 
 
 29 
 
 55 
 
 155 
 
 Twice 
 
 12 
 
 8 
 
 20 
 
 27 
 
 28 
 
 95 
 
 Three times .... 
 
 20 
 
 6 
 
 23 
 
 18 
 
 20 
 
 87 
 
 Four times .... 
 
 13 
 
 6 
 
 17 
 
 15 
 
 23 
 
 73 
 
 Five times .... 
 
 13 
 
 6 
 
 9 
 
 17 
 
 29 
 
 74 
 
 6 to 10 times 
 
 37 
 
 24 
 
 39 
 
 80 
 
 77 
 
 257 
 
 11 to 20 times 
 
 42 
 
 14 
 
 41 
 
 94 
 
 39 
 
 230 
 
 Above 20 times 
 
 20 
 
 12 
 
 63 
 
 53 
 
 5 
 
 143 
 
 Not previously convicted . 
 
 Total 
 
 40 
 
 33 
 
 68 
 
 79 
 
 327 
 
 547 
 
 218 
 
 127 
 
 301 
 
 412 
 
 603 
 
 1661 
 
 Number of prisoners previously 
 
 
 
 
 
 
 
 convicted for begging and 
 
 
 
 
 
 
 
 sleeping out 
 
 40 
 
 20 
 
 55 
 
 62 
 
 14 
 
 191 
 
 Number of prisoners previously 
 
 
 
 
 
 
 
 convicted of simple larceny 
 
 133 
 
 67 
 
 140 
 
 254 
 
 205 
 
 799 
 
 Number and nature of offence 
 
 
 
 
 
 
 
 on first conviction — 
 
 
 
 
 
 
 
 Begging and sleeping out 
 
 9 
 
 7 
 
 13 
 
 11 
 
 19 
 
 59 
 
 Simple larceny 
 
 90 
 
 48 
 
 117 
 
 148 
 
 287 
 
 690 
 
 Other offences 
 
 119 
 
 72 
 
 171 
 
 253 
 
 297 
 
 912 
 
POSSIBLE EEMEDIES 
 
 113 
 
 TABLE No. 3— continued 
 
 
 
 g 
 
 i 
 
 b. 
 
 h • 
 
 
 
 si 
 
 1 
 
 > 
 
 
 OS 
 
 t 
 
 
 n 
 
 fi 
 
 3 
 
 ''■§ 
 
 Ph 
 
 t' 
 
 Age at which first offence wa 
 
 > 
 
 
 
 
 
 
 committed — 
 
 
 
 
 
 
 
 Under 12 . . . 
 
 3 
 
 7 
 
 5 
 
 18 
 
 11 
 
 44 
 
 12 to 16 
 
 
 
 35 
 
 17 
 
 39 
 
 45 
 
 46 
 
 182 
 
 16 to 21 
 
 
 
 86 
 
 29 
 
 97 
 
 124 
 
 153 
 
 489 
 
 21 to 30 
 
 
 
 61 
 
 24 
 
 79 
 
 95 
 
 177 
 
 436 
 
 30 to 40 
 
 
 
 16 
 
 12 
 
 45 
 
 32 
 
 128 
 
 233 
 
 40 to 50 
 
 
 
 14 
 
 4 
 
 19 
 
 14 
 
 49 
 
 100 
 
 50 to 60 
 
 
 
 2 
 
 
 11 
 
 3 
 
 23 
 
 39 
 
 60 and above 
 
 
 
 1 
 
 i 
 
 3 
 
 2 
 
 16 
 
 23 
 
 Number and percentage to tota 
 
 
 
 
 
 
 
 of prisoners under 21 ot 
 
 
 
 
 
 
 
 May 10, 1906, serving thre 
 
 
 
 
 
 
 
 months and upwards — 
 
 
 
 
 
 
 
 Number 
 
 40 
 
 22 
 
 41 
 
 39 
 
 106 
 
 248 
 
 Per cen 
 
 t lS-34 
 
 17 -SS 
 
 lS-6 
 
 9-46 
 
 17-57 
 
 14-m 
 
 Number and percentage to tota 
 
 
 
 
 
 
 
 of prisoners whose firs 
 
 
 
 
 
 
 
 ofiFence was committed whei 
 
 
 
 
 
 
 
 under 21 years of age — 
 
 
 
 
 
 
 
 Number 
 
 . 124 
 
 53 
 
 141 
 
 187 
 
 210 
 
 715 
 
 Per ceil 
 
 t 56-88 
 
 41-73 
 
 46-84 
 
 45-38 
 
 34-8'i 
 
 or 43 per 
 cent of 
 total 
 
 Not ascertained, 115. 
 
 Total, 1661. 
 
 Note 1. — 59 of the total, or 3 per cent, were first sent to prison for 
 begging or sleeping out ; 690, or 41-5 per cent, for simple larceny. 
 
 Note 2. —The total number of persous in the prisons named on 
 May 10, 1906, under twenty-one years of age, was 248, or 14'92 per cent 
 of the whole number, 1661. 
 
 Note 3. — The number of persons in the prisons named on May 10, 
 1906, who committed their first offence when under twenty-one years of 
 age, was 715, or no less than 43 per cent of the whole. 
 
 [Table 
 I 
 
114 THE MAKING OF THE CEIMINAL ch. 
 
 TABLE No. 4 
 
 SuMMAEY ABSTRACT showing the numher of Male Prisoners in 
 Birmingham, Durham, Liverpool, Manchester, and Penton- 
 ville Prisons on May 10, 1906, under sentence of three 
 months or over. 
 
 Prison. 
 
 Total 
 
 number of 
 
 prisoners, 
 
 May 10, 
 
 1906. 
 
 Total 
 under 
 21 years 
 of age. 
 
 Percentage 
 
 to grand 
 
 total. 
 
 Total 
 
 prisoners who 
 committed 
 first offence 
 when under 
 
 the age of 21. 
 
 Percentage 
 
 to grand 
 
 total of 
 
 prisonera. 
 
 Birmingham . 
 Durham . . 
 Liverpool . . 
 Pentonville . 
 Manchester . 
 
 Total . . 
 
 218 
 127 
 301 
 603 
 412 
 
 40 
 22 
 41 
 106 
 39 
 
 18 
 17 
 13 
 17 
 9 
 
 124 
 53 
 141 
 210 
 187 
 
 57 
 41 
 47 
 35 
 45 
 
 1661 
 
 248 
 
 15 
 
 715 
 
 43 
 
 A glance at Table 3 will show that in all 
 the five great prisons named a very large per- 
 centage, varying from 34 '82 per cent at Penton- 
 ville to 5 6 '8 8 per cent at Birmingham, of the 
 prisoners serving sentences of three months and 
 upwards on May 10, 1906, were under twenty - 
 one when their first offence was committed. 
 Three per cent of the whole number (1661) first 
 went to prison for sleeping out or] begging, 
 and no less than 690, or 41 per cent, for simple 
 larceny. In the great bulk of these cases the 
 
IX POSSIBLE EEMEDIES 115 
 
 offender was not a criminal at heart at the time 
 of his first offence, and more humane and con- 
 siderate treatment would not only have kept him 
 from prison then, but probably have altogether 
 prevented his descent to a criminal career. 
 
 Two hundred and forty-eight, or 14"92 per cent, 
 of all the prisoners referred to in Table 3 were 
 under twenty-one years of age on May 10, 1906. 
 For some of these an institution other than a 
 prison is what was needed, and for many imprison- 
 ment is a social wrong, for which, however, the 
 police and magistrates are in no way responsible. 
 
 That much can be done to reduce the number 
 of young persons under twenty -one who become 
 inmates of our prisons may be seen from Table 
 4. It will be noticed that Strangeways Prison, 
 Manchester, although containing on May 10, 
 1906, no fewer than 412 male prisoners serving 
 sentences of three months and upwards, only 
 held 39 inmates under twenty-one years of age, 
 or 9 per cent — practically only half the propor- 
 tion of the juvenile - adults in Birmingham, 
 Durham, and Pentonville, and very much better 
 than Liverpool. 
 
 This result has been brought about in Man- 
 chester by a special system — a system managed 
 
116 THE MAKING OF THE CEIMINAL oh. 
 
 on the lines we have indicated — for dealing 
 with juvenile-adults on their discharge from the 
 prison, and also by the successful working of a 
 scheme by which destitute lads may be referred 
 by the police to certain gentlemen who are 
 able not only to find them decent homes in 
 working-class families, but also to clothe them 
 and to find them work. 
 
 This system, with which one of the writers 
 is most intimately acquainted, is one quite 
 capable of successful adoption in other large 
 cities. Surely if, as seems clear, nearly half the 
 inmates of our largest prisons served their first 
 sentence when under twenty -one, the number 
 of prisoners must be largely reduced if the 
 actual number of those under tiventy-one within 
 prison walls can be brought down to something 
 like the present 9 per cent in Manchester, 
 and possibly to a still lower proportion. It is 
 certain that the stream of criminals which at 
 present flows in and out of our prisons would 
 be materially lessened in volume. 
 
 Accompanying any modification of the law 
 should be regulations under the Local Govern- 
 ment Board requiring workhouse authorities to 
 provide separate and decent accommodation 
 
IX POSSIBLE EEMEDIES 117 
 
 for youths obviously workers (any experienced 
 workhouse master could pick them out), advice 
 as to the most likely place where they might 
 find work, and a good hearty meal before send- 
 ing them ofi" in the morning. Such hardships as 
 those which "Brown" (Chapter IV.) underwent 
 should be rendered impossible. Local employers 
 of youthful labour should be encouraged to 
 advise the workhouse authorities of their needs, 
 and, with good organisation, every workhouse 
 might become an improvised labour - bureau. 
 The decent lad looking for work should feel on 
 all sides that the authorities wish to assist him, 
 not that they regard him as a troublesome 
 pariah. Everything possible should be done to 
 help him to keep his back stiff, and sympathetic 
 and common - sense treatment of the nature 
 suggested would do much to empty county 
 prisons and keep many a youngster from slipping 
 down to crime. In short, wherever boys are 
 dealt with, more discrimination, more individual 
 consideration and sympathy are needed. 
 
 Continual reference has been made to the 
 probation-officer. In Chapter XI. we shall point 
 out who and what he is abroad, and what he 
 might be here. 
 
CHAPTEE X 
 
 THE BORSTAL SYSTEM 
 
 The Borstal system we have several times 
 referred to is concisely described by the Com- 
 missioners of Prisons (1905) as 
 
 . . . the application of a special set of rules, differing 
 from ordinary prison rules, to young prisoners between 
 sixteen and twenty -one; a system of ha»d work, 
 strict discipline, tempered by contrivances of reward, 
 encouragement, and hope ; and resting, in the ultimate 
 degree, upon means of rehabilitation to honest life, 
 provided by an association known as the Borstal 
 Association, composed of earnest and philanthropic 
 gentlemen in the Metropolitan district, who devote 
 much labour and care to these lads, and depend 
 principally upon resources provided by well-wishers 
 and friends ; 
 
 and the Commissioners go on to say that the 
 further development of this work is necessary 
 
 ... if a real and serious effort is to be made to deal 
 
 118 
 
CH. X THE BOESTAL SYSTEM 119 
 
 with on rational Knes, and, if possible, to reclaim at 
 least a percentage of those 16,000 lads of this age 
 who passed through our prisons last year. They are 
 mostly young thieves — sixty-eight out of the seventy- 
 six cases dealt with by the Borstal Association being 
 convicted of the various forms of theft and fraud. As 
 is well known it is these offences which dominate the 
 statistics of serious or indictable crime, and it is a sad 
 and significant fact that 40 per cent of these par- 
 ticular offences are committed by young persons under 
 the age of twenty-one. This, then, we regard as the 
 great field for prison labour and reform. If we can 
 check this particular offence at its beginning, before 
 the criminal habit is formed, we shall slowly, and by 
 degrees, be making some impression on the mass of 
 professional crime, or what is technically called " reci- 
 divism," which is the bane, and the puzzle, and the social 
 problem of this as of all other civilised countries. 
 
 And they conclude this part of their subject : — 
 
 We propose further, where the length of sentence 
 does not admit of treatment under Borstal rules, to 
 adopt, so far as length of sentence will permit, the 
 principle of the Borstal system for all offenders, sixteen 
 to twenty-one, committed to prison. Having regard to 
 the general shortness of sentence, this will not mean 
 much more than (a) strict segregation from adults ; 
 (h) physical exercise and drill ; (c) weekly lectures and 
 
120 THE MAKING OF THE CEIMINAL oh. 
 
 addresses in class ; and {d) special machinery at each 
 prison for the after-care and disposal of these cases. 
 It is proposed, if possible, to affiliate to the central, or 
 Borstal Association, certain persons at each prison in 
 the country who may be willing to devote themselves 
 to this particular work. We rely almost entirely on 
 the active co-operation of the magistrates at each 
 prison. ... It is obvious that if this scheme can be 
 realised the functions, and duties, and experience of 
 the Borstal Association will be enormously increased. 
 It may, in due course, be our duty to approach the 
 Secretary of State with a view to some further 
 recognition by the State of the public services dis- 
 charged by this Association. The expense will not be 
 great, and we are encouraged to hope that such 
 support may be forthcoming, relying upon the words 
 of the Committee of 1894 "that even a moderate 
 percentage of success would justify much effort and 
 expense being devoted to an improvement of the 
 system." 
 
 The following account is drawn almost word 
 for word from the Annual Reports of the 
 Association issued in 1905 and 1906, and from 
 the Blue Book quoted above. 
 
 The system began in 1902 with the collection 
 at Borstal Prison, near Rochester, of cases of 
 six months and over from the London prisons. 
 
X THE BOESTAL SYSTEM 121 
 
 As six months was found too short a period 
 for any real improvement to be made, lads 
 whose sentences reach twelve months are now 
 selected from throughout the country for the 
 treatment. 
 
 On arrival at Borstal the system is explained 
 to the prisoner by the Governor, who points out 
 the benefits which will follow a hearty accept- 
 ance of it. He is placed in the ordinary grade 
 (brown dress) and allotted to a working party 
 for field-work, carpentry, bricklaying, paint- 
 ing, market-gardening and flower-culture, shoe- 
 making, blacksmith's or tinsmith's work, or 
 cooking and bakery. After five months un- 
 broken proof that he is doing his best he may 
 be promoted to the special grade (blue dress), 
 but if he behaves badly he is reduced to the 
 penal grade (drab dress), as a member of which 
 he will be allowed no books from the library, no 
 visits from friends, and no letter-writing. 
 
 He rises at 6 A.M., cleans his cell, etc., break- 
 fasts on bread, butter, and gruel at 6.30, and at 
 7.30 attends service in the chapel. After drill 
 and physical exercises he goes to work till parade 
 at 11.80, which is followed by a dinner of 
 haricots, potatoes, and meat and soup alternately. 
 
122 THE MAKING OF THE CEIMINAL ch. 
 
 After dinner he can read or knit till 1.15, when 
 work begins again, and continues till supper 
 (bread and cocoa) at 5.30. Then he reads or 
 knits again till bed-time at 8, or, if in the special 
 grade, enjoys, two or three times a week, an 
 hour's recreation in the school-room, under the 
 supervision of the chaplain. If he is not up to 
 Standard III., he receives education at the rate 
 of two hours a day ; if he has passed that 
 Standard, one hour. 
 
 The Governor reported that the output of 
 work in the year ending March 31, 1905, had 
 been extensive and of good quality, its value 
 amounting to £1290 ; that drill had materially 
 improved the general physique ; and that general 
 conduct had been very good. 
 
 The Borstal treatment was introduced at 
 Dartmoor Prison in 1903 for lads undergoing 
 sentences of penal servitude, twenty-six being 
 selected for the experiment. They gave consider- 
 able trouble at first, as they found the discipline 
 stricter and the work harder, and resented the 
 term "juvenile" and the complete separation 
 from the other convicts. Since May 1905 all 
 the " star-class " juvenile-adults from other con- 
 vict prisons have been collected in Dartmoor. 
 
x THE BOESTAL SYSTEM 123 
 
 Most of the forty who then arrived were " acci- 
 dental criminals" {i.e. guilty of crimes of passion 
 and temptation not likely to recur), well-behaved, 
 and of good character, and are likely to do well 
 on discharge. All the plumbing and gas-fitting 
 of the prison and warders' quarters is done by 
 the boys ; twenty of them are constantly em- 
 ployed in building cottages for the warders ; 
 others look after the eighty horses and ponies, 
 break them in and act as carters ; and basket- 
 making, shoemaking, and farriery are also taught. 
 In school the syllabus has embraced elementary 
 science, reading, easy mathematics, history, com- 
 position, geography, and drawing, with Eoman 
 history for moral instruction. At the end of 
 March 1906 there were eighty-one boys in the 
 prison. 
 
 The discipline is far more strict than in a 
 Reformatory; and as there is no association 
 except during the hours of labour, there is less 
 risk of a bad boy contaminating his companions. 
 To induce emulation, a graduated scale of small 
 indulgences, earned by marks for industry and 
 conduct, has been introduced, and has rendered 
 punishment almost unnecessary. 
 
 The question is sometimes asked whether this 
 
124 THE MAKING OF THE OEIMINAL oh. 
 
 system is not an unwise softening of the ordinary- 
 treatment in prison. On tlie contrary, it makes 
 far more demands than does the ordinary prison, 
 not only on the passive obedience of a lad, but 
 on his output of positive energy. Granted that 
 the work in association is more interesting than 
 the making of coal-bags in solitary confinement, 
 yet the chances of getting into trouble in a 
 workshop or field-party are much greater, and 
 the discipline is more apparent at every turn. 
 A shut cell-door is conclusive, but it does not 
 say "Don't" all day; and that is what a lad 
 who is at work with others under a craftsman- 
 warder has to stand without answering back — a 
 terrible discipline to those who have been used 
 to put on their coat if an employer ventured to 
 blame them, and a good discipline for after-life, 
 for which solitary coal-bags are no preparation 
 at all. 
 
 That the special grade should be so sought 
 for when it can be obtained only by blameless 
 conduct for five months, and means little more 
 than a few games of draughts a week and a few 
 spoonfuls of golden syrup on Sundays, is perhaps 
 good evidence that there is no undue pampering. 
 
 An essential part of the system is that each 
 
X THE BORSTAL SYSTEM 125 
 
 lad is treated individually. From the moment 
 lie enters the prison, his disposal on discharge is 
 kept steadily in view. The trade most likely to 
 be useful to him is chosen. The addresses of 
 respectable friends who will correspond with him 
 are hunted up. Every fact bearing upon his 
 character is noted, as it comes to light, in the big 
 ledger known as the Character Book. As his 
 discharge approaches, the Borstal Association, 
 between which and the prison there is complete 
 co-operation, begins to take him in hand, every 
 lad passing into its care when he leaves, unless 
 he declines assistance. For some time before his 
 release he is visited, and encouraged to talk freely 
 on his hopes and prospects. The information 
 which has been collected by the authorities as to 
 his previous life and conduct in prison is also 
 placed at the disposal of the visitor ; and the 
 Association begins, by correspondence with 
 friends and past or possible employers, to pave 
 the way for an immediate beginning of work on 
 his discharge. 
 
 It should be remembered that these lads have, 
 as a rule, never made a proper start in life. Few 
 of them have reached a respectable standard at 
 school, which suggests, and on inquiry reveals. 
 
126 THE MAKING OF THE CEIMINAL ch. 
 
 a long series of stolen holidays, often spent on 
 mischievous or criminal expeditions. 
 
 Emerging at fourteen years of age from even 
 the nominal control of school, they have seldom 
 settled to any work at all, and hardly ever to 
 work which they wished or were able to retain 
 for any length of time. Three months is a long 
 time to be at one job, and the gaps between 
 jobs have been steps on their downward course. 
 Short sentences have followed in a long useless 
 series, until their grim record, or the sympathy 
 of an exceptional court, has procured for them a 
 sentence of such length that it is possible to train 
 them under the Borstal scheme of reformation. 
 
 It is not too much to say that twelve months 
 under that treatment, with its hard work, its 
 regular hours and simple food, have wrought 
 wonders with most of these lads. 
 
 They were mostly thieves — only nine of the 
 last eighty were convicted of crimes other than 
 theft or house-breaking — and they went into 
 prison shiftless, idle, and dangerous. They came 
 out so altered, morally and physically, that, 
 given a chance of it, more than half of them 
 were willing and able to engage in regular 
 honest employment. 
 
X THE BOESTAL SYSTEM 127 
 
 To give them that chance is the business of 
 the Association. 
 
 On discharge, a lad is brought direct under 
 the charge of a warder to the honorary secre- 
 tary, the agent also being always present, and 
 it then becomes their duty to keep in as close 
 personal touch with him as circumstances will 
 allow. Unless he has a suitable home to go to, 
 lodgings, of which the Association keeps in touch 
 with nearly a hundred, are found for him. As 
 soon as possible he is set to work ; in some cases 
 it is ready for him, in others the employer must 
 see him before taking him on, in yet others there 
 is a period of waiting, especially in times of bad 
 trade. If the work is to have any permanent 
 value, the lad must be visited often during the 
 time of danger which follows on his sudden 
 change from prison to complete liberty, and 
 must, indeed, be nursed to some extent until he 
 is able to go safely by himself, and is convinced 
 by habit that in any difficulty he may look to 
 the Association. 
 
 On an average, a fresh entry on the record of 
 each case is made once a month. When a lad 
 shows that he is really doing his best, he is 
 encouraged and helped to persevere in his good 
 
128 THE MAKING OF THE CRIMINAL oh. 
 
 resolutions in various ways. It is naturally 
 no easy- matter to decide what is best for 
 the diflFerent types of character, capacity, and 
 physique that the cases represent ; but the 
 Committee believe that every young criminal 
 who shows the slightest tendency to respond to 
 their efforts is given a chance of better things. 
 
 With regard to employment, the success of 
 the Borstal system rests mainly and ultimately 
 on the willingness of employers of labour to give, 
 now and then, to one of these lads a chance of 
 making a good start at honest work. It is a 
 form of service to the State, not showy or 
 attractive or easy, but of its immense value 
 there can be no doubt. It gives help to those 
 who with it may grow into steady citizens, and 
 without it may soon relapse into little better 
 than dangerous wild beasts. 
 
 Of seventy-six lads — all but six with a record 
 of previous convictions — who passed into the care 
 of the Association in the year ending May 31, 
 1905, a wholly satisfactory account is given 
 of thirty-six. Of eighty-one dealt with in the 
 following ten months, forty, at the time the 
 Report was issued, were known to be at work, 
 mostly good work ; nine had " gone home to 
 
X THE BORSTAL SYSTEM 129 
 
 work in the provinces " ; six were " on hand " ; 
 six had disappeared ; four were given up as 
 thej would not co-operate with the society, and 
 sixteen had been re-convicted. The Associa- 
 tion also gave a second start to twelve lads 
 from previous years who, through no fault of 
 their own, had come to need it, and helped a 
 few recommended from other prisons. When 
 boys are living too far off to be visited, corre- 
 spondence is kept up with them and with their 
 parents. In some eases expressions of gratitude 
 have been accompanied by a refund of the money 
 spent on them. 
 
 The Borstal system is without doubt an 
 immense improvement upon anything that has 
 been previously tried in this country. In many 
 cases the discharged prisoner is hardly recognis- 
 able as the same young criminal who received 
 the sentence. The habits of industry acquired 
 in the workshops or on the farm, the improve- 
 ment in intelligence and physique, are of 
 incalculable advantage. But in order that 
 these benefits may be reaped to the full, the 
 Committee are strongly convinced that a change 
 in the criminal law is necessary, and they find 
 
 in the system one serious fault — that it does 
 
 K 
 
130 THE MAKING OF THE CEIMINAL oh. 
 
 not go far enough. It trains the average lad 
 admirably for what he, as a rule, knew nothing 
 of before — regular and hard work ; and then it 
 turns him out on the world, absolutely free to 
 go to work or not as he chooses. This is 
 obviously absurd, and in practice leads to a 
 great and unnecessary waste of men and work 
 and public money. What is needed is a change 
 which will enable courts of justice to commit a 
 young offender to Borstal for a long period, 
 with a power of discharge on conditional license, 
 so that the State may maintain control over a 
 lad for a considerable time after his discharge, 
 and may resume more complete control by 
 revoking his license if he shows that he is not 
 yet fit for freedom. This would be the saving 
 of many a lad, and applies especially to offenders 
 of the coster or newspaper-selling class, from 
 which the failures are chiefly drawn. The time 
 of detention is not long enough to enable them 
 to learn a trade and to forget the " attractions " 
 of life in the streets of London. They have 
 owed their failure in most cases to a complete 
 lack of parental or other control, and if their 
 reformation is to be complete the State must 
 supply, in the person of guardians appointed 
 
X THE BOESTAL SYSTEM 131 
 
 by it, the influence and control which, under 
 happier circumstances, they would have found 
 at home. If a prisoner, released on license, 
 werg liable to go back in case of misbehaviour, 
 the something more than " moral suasion," 
 which is often required, would be at the com- 
 mand of the Association, and would enable it 
 to exercise a far greater control over cases on 
 discharge. The Committee feel sure that in the 
 extension of the control of the State in the 
 direction indicated there is good promise of 
 far-reaching and economical reform. 
 
 Nor would the lads themselves or their 
 relatives resent this. On the contrary, they 
 frequently, both in conversation and by letters, 
 express their gratitude for the interest that has 
 been taken, and they often keep up a friendly 
 correspondence long after they are fairly afloat. 
 
 Part of the prison at Lincoln is, in the near 
 future, to be utilised for the treatment of 
 juvenile -adults from the north of England, on 
 Borstal lines. 
 
CHAPTER XI 
 
 PROBATION-OFFICERS 
 
 Constant reference to the system of probation 
 has been made throughout these pages. It is in 
 force in various forms in most of the continental 
 countries and United States of America, and 
 appears to be working excellently, and it is 
 probable that in this country also the organisa- 
 tion of a regular body of probation -officers 
 would go far to prevent the development of 
 criminality among lads. Private devotion in 
 this direction may do much, but for the best 
 results the power of the State must join hands 
 with philanthropic effort, and the problem of 
 dealing with erring youth be recognised as 
 equally social and judicial. Those who under- 
 take the task will work all the better if they 
 feel they are part of a definite and well- 
 organised system. 
 
 132 
 
ca. XI PEOBATION-OFFICEKS 133 
 
 Like many "new inventions," the idea of 
 probation is not so new as is generally believed. 
 An Austrian law of 1788 enjoined that any 
 prisoner who had served half his sentence, and 
 behaved so as to give promise of permanent 
 reformation, should be discharged, and the Com- 
 mission which compiled the law advised that 
 release should only be granted if some upright 
 men were prepared to give assistance and super- 
 vision. The proposal was, however, rejected.^ 
 For practical purposes the system originated in 
 Massachusetts, where it was first recognised by 
 a law passed in 1878, and the staff of probation- 
 officers in that State now amounts to some 
 eighty persons, appointed by the judges for an 
 indefinite period. In theory probation there 
 rests on two principles : (a) It draws a distinc- 
 tion between those who from some definite 
 cause — e.g. want of work, hunger, evil com- 
 panionship, some strong and unusual tempta- 
 tion or sudden impulse of passion — have trans- 
 gressed the law, and those who are of thoroughly 
 vicious and criminal tendencies. (6) It is a 
 postponement of condemnation while an experi- 
 
 1 Dr. J. M. Baernreither, Jugend/ursorge und Strafrecht in den 
 Veremigten Staaten von Amerika, p. Ixvi. Leipzig, 1905. 
 
134 THE MAKING OF THE CEIMINAL ch. 
 
 ment is made to ascertain whether the object of 
 rendering the accused a safe member of society 
 can be attained without punishment. 
 
 It can show as its fruit large numbers of persons 
 who have taken a first and sometimes a serious step 
 in a criminal career, and who, by the friendly over- 
 sight, counsel, and assistance provided by this system, 
 and by its strong and constant appeal to the better 
 judgment, have resisted all temptation to return to 
 a life of crime, and are self-supporting, self-respecting, 
 useful members of society.^ 
 
 The procedure in Massachusetts is as follows. 
 The clerk of the Court notifies the proper pro- 
 bation-ofiicer of each case of a first ofi"ender ; he 
 then has to make every possible investigation 
 into the circumstances of the culprit, and the 
 causes or motives of his ofi"ence. He is present 
 at the trial, and reports the results of his in- 
 quiries, and the Court, if it find the accused 
 guilty, thereupon considers whether he is a fit 
 subject for probation, and, if he is, determines 
 the period during which it shall be enforced, the 
 probation -ofiicer becoming "his bondsman to 
 
 ' Report of the Probation Commission of the State of New York, 
 1906, p. 42. 
 
XI PEOBATION-OFFICEES 135 
 
 save him from prison."^ If he think it desir- 
 able, the probation -oflficer may, before the ex- 
 piration of the time appointed by the Court, 
 apply for an extension ; wives have been known 
 to show their appreciation of the restraining 
 influence by begging probation-officers to do so 
 on their husband's behalf. The probationer 
 must write once a month to the officer, visit 
 him or receive visits, notify him immediately of 
 any change of address, and " diligently pursue 
 some lawful employment." If he fail to fulfil 
 his engagements, and prove unfit for freedom, 
 the probation -officer surrenders him to the 
 Court, which then condemns him on surer 
 grounds than if probation had not been tried. 
 In the case of young persons there is, however, 
 a danger of resorting to probation when circum- 
 stances do not give every possible assurance of 
 success, and so losing time which ought to be 
 made the most of in a school. We are told, for 
 instance, that in Boston " every other means is 
 exhausted before sending a boy to a reforma- 
 tory. The (Children's Aid) Society sometimes 
 places a child in three or four families in succes- 
 sion in an attempt to find persons who will 
 
 1 See Appendix, p. 351. 
 
136 THE MAKING OF THE CEIMINAL oh. 
 
 understand how to manage him." ^ This constant 
 change is very bad for a child and altogether a 
 mistake. In Massachusetts, as in most of the 
 United States, the probation - officers receive 
 salaries of from 1500 to 1800 dollars, their ex- 
 penses are paid, and they are authorised, when 
 necessary, to give monetary assistance to their 
 charges, or pay their railway fares to places 
 where they may obtain employment. No good 
 statistics have been kept of the results, but 
 apparently the successes may be reckoned at 
 about 65 per cent. In 1903, 8140 persons of 
 all ages were placed on probation in this State, 
 and of these 1904 were under twenty-one, and 
 705 between the age of seventeen and twenty- 
 one.^ 
 
 The American system has been described (see 
 The Morning Post, Aug. 21, 1906) in connection 
 with a scheme now before the public as " commit- 
 ting an early offender ... to the care of a 
 probation-officer in place of sending him to gaol 
 for a period eqtial to the term of imprisonment 
 
 ^ Report of the Proceedings of the Third I?iternatio7ial Congress for 
 the Welfare and Proteetion of Children, 1902. " The American System 
 of Probation-Officers," by Miss Ada Eliot, probation-officer of tlie city 
 of New York. 
 
 '^ Baernreither, chap. vi. 
 
XI PEOBATION-OFFICEES 137 
 
 that -v^ould otherwise be passed upon him." 
 This would be quite meaningless : of what 
 permanent use could supervision for seven or 
 fourteen days, or even a month, in most cases 
 be ? It is true that in certain States probation 
 is only exercised during the maximum term for 
 which the offender might have been committed ; 
 but the recent Probation Commission of the 
 State of New York expresses itself strongly in 
 its Report, 1906, in favour of the minimum 
 period of oversight being fixed at one year 
 (see pp. 19, 50, 63), observing that during the 
 first two or three months, with the shock of 
 the arrest, trial, and conviction fresh in his 
 mind, the probationer is less in need of the 
 guidance, moral support and aid of a wise friend 
 than he is later on. The probation -officer of 
 Brooklyn, after nine years' experience of 1184 
 cases (of which 191 were re-arrested), goes further, 
 as he " does not consider it safe to form a final 
 judgment " of the results of probation under 
 three or four years, and " aims to maintain 
 friendly relations indefinitely." This official 
 visits the persons under -his care at least once a 
 month for a period of six months, and afterwards 
 less frequently. 
 
138 THE MAKING OF THE CEIMINAL oh. 
 
 Though in Massachusetts the PAbation 
 Law applies to adults and children alike, and 
 though in New York it was first passed in 
 1901 for persons over sixteen only, in most 
 of the States the system is intimately asso- 
 ciated with the juvenile courts, and we shall 
 therefore deal with it more fully in the next 
 chapter. 
 
 But it is in connection with " release on 
 parole" that probation plays an even more import- 
 ant part in America, for the Reformatory system 
 both for juveniles and adults is based upon it. 
 A boy or first offender is committed to a 
 Reformatory under an indeterminate sentence, 
 with, however, a minimum and maximum term,^ 
 the latter in the case of a minor not exceeding 
 his majority. By good conduct he can earn his 
 release in a comparatively short time, and he is 
 then placed on parole under the supervision 
 of a probation-ofiicer, work and a home being 
 of course found for him before his discharge. 
 Sometimes the board of managers of an institu- 
 tion, as is the case with that of Elmira, under- 
 takes or supplements the duties of the probation- 
 
 ^ The minimum stay at Elmira is one year, the average stay twenty- 
 one niontlis. — Elmira Year-Book, 1892. 
 
XI PEOBATION-OFFICEES 139 
 
 officer.^ The Reformatory is regarded only as 
 one stage on the way towards the moral recovery 
 of an inmate. On his release begins a second 
 and no less essential stage, and it is then that 
 the work of the institution is put on its trial 
 and tested ; for the aim of the Reformatory must 
 always be to make a man or boy fit to live a 
 decent life outside it. In the often difficult and 
 critical process of readapting himself to normal 
 conditions of freedom,^ or rather in many cases 
 of adapting himself to conditions of honest 
 industry and respectable family life he has 
 never known before, the American youth has 
 the firm but kindly support and advice of his 
 probation-officer to rely on, and the knowledge 
 that if he wavers and stumbles he will be 
 sharply pulled up and possibly sent back to the 
 Reformatory. 
 
 The German method of supervision, which 
 came into effect in 1901 with the law passed for 
 the care of neglected and offending children 
 under eighteen, differs considerably from the 
 
 ' Report prepared for the International Prison Commission, 
 Washington, 1899 ; The Indeterminate Sentence, by Warren Spalding ; 
 and Annual Report of the New York State Reformatory at Elmira, 
 1906. See Appendix, p. 322. 
 
 2 Cf. Baernreither, pp. .\:lii.-xliii. See Appendix, p. 340. 
 
140 THE MAKING OF THE CEIMINAL oh. 
 
 American system. A Court of Guardianship 
 ( Vormundschaftsgericht) formed of local officials 
 hears the case as stated by the parents, legal 
 representative of the child, parish council, clergy- 
 man, and schoolmaster. The governors of gaols 
 in which juveniles are serving terms of imprison- 
 ment must consult with the other officials, 
 including the chaplain, doctor, and schoolmaster, 
 as to whether their cases should go before this 
 Court ; and if they do, it must be arranged that 
 committal to an institution or to the supervision 
 of a probation -officer should be simultaneous 
 with release. If the Court of Guardianship 
 decides that a boy or girl is to come under the 
 operation of the law, another local official has to 
 report on the personal history and circumstances, 
 and express an opinion as to whether the child 
 should be committed to the care of a family or 
 of an institution. When he is committed to his 
 own or another family, a Fiirsorger, or guardian, 
 must be appointed, whose duties practically 
 correspond with those of the American probation- 
 officer, but who differs from him in having a 
 quite informal and unofficial, though not less 
 esteemed position. A clergyman, schoolmaster, 
 member of a philanthropic society, or any suitable 
 
XI PEOBATION-OFFICEES 141 
 
 person residing conveniently near, is simply asked 
 to look after a boy who requires supervision, and 
 either directly or after a period in an institution 
 or prison, has been placed in a family, apprenticed, 
 or provided with work. Such lads are always, if 
 possible, sent to the country. The Fiirsorger's 
 appointment is a post of honour, necessary 
 expenses being refunded by the authorities. He 
 must watch over the conduct, upbringing, and 
 treatment of his ward, must visit him and assure 
 himself that all is in order, that church and, if 
 he be a child, school are regularly attended, and 
 the terms of the contract conscientiously fulfilled 
 by the head of the family with which he lives. 
 If the lad is apprenticed or at work he must 
 see that his services are suitably rewarded, and 
 that a portion of his earnings is placed in a 
 savings' bank. Twice a year he must make- a 
 report to the officials. His responsibility con- 
 tinues until his ward attains his majority ; 
 but when the possibility of renewed trouble 
 seems excluded, the child may be released from 
 guardianship at an earlier date. If his release 
 is conditional the Fursorger must however, 
 if practicable, continue to exercise surveillance. 
 The system as compared with that usual in 
 
142 THE MAKING OF THE CEIMINAL ch. 
 
 America seems to possess the advantage of 
 establishing a closer relationship between the 
 probation -officer and his prot^gd, as a Fiir- 
 sorger has, as a rule, only one ward to whom to 
 devote his attention, and the connection may 
 continue for several years, three being the 
 normal minimum, i.e. from eighteen to twenty- 
 one. In practice, however, it is probable that 
 the expert probation-officer, who traces the case 
 from the beginning and is thoroughly experienced 
 in the work, giving his whole energies to it, has 
 more insight, sympathy, and understanding for 
 the lads with whom he deals than a man whose 
 main interests may lie in quite other directions. 
 In the report, e.g., from West Prussia on the 
 working of the law in 1904 complaint is made 
 on this score, and clergymen are stated to have 
 proved themselves particularly inefficient.^ 
 
 When a boy is placed out on probation after 
 a period spent in an institution, the director of 
 it, if he live near enough, visits him once a year. 
 He also interviews the head of the family with 
 which he is lodging, his employer, and his 
 Fiirsorger, and thus has an opportunity of 
 
 ' statistic iiier die Fiirsorgeerziehung Mmderjiihriger fur das 
 Mechnungsjahr, 1904. See Appendix, p. 251. 
 
XI PEOBATION-OFFICEES 143 
 
 giving advice, or discussing, if occasion arise, the 
 expediency of returning him to the school.^ 
 
 A form of probation is also being tried in 
 Berlin in connection with the municipal Reform- 
 atory at Lichtenberg. Lads over eighteen, if 
 judged promising cases, may be sent there by 
 the Courts instead of being consigned to prison, 
 and whether, after all, they will have to serve 
 their sentences or be excused depends on the 
 report of the director. Several lads of from 
 eighteen to twenty years of age are in the Re- 
 formatory on these terms, and though they can 
 only be kept there a few months, the arrange- 
 ment seems to be very successful. 
 
 In Hungary lads who leave the Reformatories 
 before the age of twenty are placed under the 
 care of probation-officers similar in character and 
 position to the persons chosen for the task in 
 Germany. Periodical reports on their conduct 
 are made to the authorities of the institutions, 
 who, however, when their pupils continue to live 
 in the neighbourhood, undertake the duties of 
 supervision without aid.^ 
 
 ^ Baernreither, p. Ix. 
 
 '^ Dr. B^la Kun et Dr. Etienne Laday, La Lutte centre la Oriminalite 
 des Mineurs en Hongrie. Publie par le Ministere Royal Hongrois de 
 la Justice, Budapest, 1905, pp. 170-171. See Appendix, p. 287. 
 
144 THE MAKING OF THE CEIMINAL ch. 
 
 But as far as regards the general practice of 
 the probation system, the above account of the 
 methods followed in America and Germany will 
 suffice, for the main idea is the same in all 
 countries where it is found. 
 
 In Holland,^ Belgium, France,^ and Switzer- 
 land we find Societes de Patronage, i.e. 
 authorised private bodies who assume the 
 functions of probation - officers on behalf of 
 youths who are brought before the Courts or 
 ■ discharged from Reformatories. The surveillance 
 exercised by members of these societies some- 
 times contiuues for several years. 
 
 The system in one form or another is also 
 in force in Canada, and in most of our 
 Australian colonies. In Victoria, for instance, 
 first ofi"enders under twenty-five may be par- 
 doned and placed on probation.^ In New 
 Zealand, where a First Offenders' Probation 
 Act was passed in 1898, it is claimed that 
 94 per cent of those released on probation 
 
 ' Revue Pinitentiaire, Nov.-Dec. 1905. Dr. J. A. van Haniel, "La 
 Nouvelle Ldgislation pour la Protection de I'Enfance en HoUande." 
 See Appendix, p. 279. 
 
 2 See Appendix, p. 229. 
 
 ^ Eosa M. Barrett, Foreign Legislation on Behalf of Destitute 
 Children, 1896. 
 
XI PEOBATION-OFFICEES 145 
 
 turn out well — a wonderful record, if strictly 
 accurate.^ 
 
 Now, how might this system of probation- 
 officers be most advantageously employed in 
 dealing with the youths we have made the 
 subject of the preceding chapters ? 
 
 As we have seen, probation-officers may be 
 either paid or unpaid ; probably in this country a 
 body of citizens having the welfare of the young 
 at heart, anxious and willing to do something to 
 help them, would be more effective than any sys- 
 tem of paid officers ; though American opinion, 
 based on experience, is in favour of having " at 
 least one paid probation-officer in general direc- 
 tion of the work." It is practically certain 
 that there would be no difficulty in finding 
 any number of suitable persons ready, under 
 proper guidance, to undertake the work, and 
 there would be no question of the sincerity of 
 their devotion to it. They would be known in 
 their various localities as interested in philan- 
 thropic work, and frequently would be men of 
 position and influence which would help them in 
 obtaining work for their young protdg^s. Some, 
 
 1 Good ^orrfs, June 1901. RosaM. Barrett, " Hooligans at Home 
 and Abroad." 
 
 L 
 
146 THE MAKING OF THE CEIMINAL ch. 
 
 no doubt, would be supplied by charitable 
 societies, but, on the whole, independent gentle- 
 men with leisure at their disposal would prove 
 the most satisfactory. An officer provided by a 
 denominational body would be under a certain 
 obligation to promote its aims,'^ and would often 
 in the mind of the probationer be open to the 
 suspicion of trying to " get at " him for religious 
 purposes. It is his temporal welfare that must 
 be the prime object of the probation - officer's 
 solicitude, and there must be no question in a 
 lad's mind as to his absolute and single-hearted 
 disinterestedness in the pursuit of this. The 
 probation -officer should indeed, when possible, 
 be of the same religious persuasion as that in 
 which the boy in his care has been brought up, 
 but he should on no account thrust religion at 
 him, or indeed talk about it at all until some 
 degree of intimacy is established and he is quite 
 sure that the subject will not be distasteful. 
 There may be, unsuspected to himself, a hidden 
 sanctuary in the soul even of the young criminal, 
 and he will rightly, though he knows not why, 
 resent the insolence which would invade it. A 
 
 ' Cf. Report of the Probation Commission of the State of Neio York, 
 1906, pp. 56 and 75. See Appendix, p. 346. 
 
XI PEOBATION-OFFICEES 147 
 
 boy who has been " down on his luck," and met 
 with nothing but harshness and rebuff, will have 
 too much appreciation for the naked truth of 
 things to care to hear about Christian love and 
 brotherhood; let him first realise in the lives 
 and characters of his probation -officer and the 
 people he lives with that such words are not 
 altogether meaningless. 
 
 In large towns and cities a district would be 
 assigned to each officer, and in the event of a 
 lad from his district being brought before the 
 magistrates it would be his function to make a 
 searching inquiry into all the circumstances that 
 had led to his arrest, to acquaint the Court with 
 the results of his investigations, and if the lad 
 were dismissed to his care for, say, six months, 
 to find him employment and a home, to make 
 every possible arrangement for his general 
 welfare, to visit him regularly, and be to him 
 not so much a preventive officer as a friend. 
 He would study his individual temperament and 
 character, draw from him the whole story of his 
 temptations and his troubles, and by giving 
 richly of his own personality develop that of 
 his protdg^, and make him once more feel 
 confidence in himself. 
 
148 THE MAKING OF THE CEIMINAL oh. 
 
 The keystone of the whole system is precisely 
 this element of the personality of the probation- 
 officer. Zeal and devotion are essential, but zeal 
 and devotion can do little without the magic 
 touch which will make the boy realise at once 
 that he is understood, that his character is laid 
 before a just and stern, but kind judge — a man 
 who stands so much above any friend he has 
 ever known that he is uplifted, and his nature 
 expands to feelings of reverence and admiration. 
 Many a lad may feel all this but very dimly in 
 his poor, starved, stunted mind ; still, if he feel 
 it at all, if he merely feel that somebody cares 
 whether he does right or wrong, it opens infinite 
 possibilities of development. .No one has a 
 truer instinct than a boy for seeing into the 
 heart of anybody who approaches him ; a very 
 few minutes will enable him to discover whether 
 he is " a good sort," and anything of the nature 
 of condescension, cant, or sentimentality will 
 freeze his confidence and awaken contempt and 
 cynicism. The ideal probation-officer, therefore, 
 should combine in a very high degree the 
 qualities of sympathy, insight, tact, common- 
 sense and strength ; if he does, his opportunities 
 will be varied and unlimited. The lad who is 
 
XI PEOBATION-OFFICERS 149 
 
 straightforward and diligent will find him 
 simple and natural as a boy, and confide in him 
 as his best friend. The vicious and idle youth 
 will feel some stirrings of conscience as long- 
 buried shame struggles for rebirth, and will 
 regard with fear and wonder the man in whose 
 presence evasions and hes so unaccountably 
 wither. 
 
 We have dwelt on this element of personality 
 in the probation - officer because it is of the 
 utmost importance, but we must not have flesh 
 without .bones, and neglect the more material 
 side of his functions. There is one qualification 
 that is still more essential — a qualification with- 
 out which all others become practically useless — 
 and that is his ability to supply ivork, genuine 
 work, not a task of specially-provided wood- 
 chopping or the like. So he must keep himself 
 intimately in touch with employers of youthful 
 labour and know how to win their interest and 
 co-operation, and he should be a good judge of 
 the kind of work at his disposal for which a boy 
 who comes into his care is best suited. 
 
 And since " all work and no play makes Jack 
 a dull boy," he should seek to interest his 
 probationers in wholesome forms of physical and 
 
150 THE MAKING OF THE CEIMINAL ch. 
 
 mental recreation, that they may no longer 
 crave the excitement of gambling, betting, and 
 other dangerous and vicious amusements. He 
 will persuade them to join boys' clubs, brigades, 
 evening classes and the like, and by bringing 
 them into contact with steady working lads 
 effect the intellectual and social rehabilitation 
 of those who have fallen. 
 
 He would submit reports fortnightly, or as 
 might be required, to the chief probation-officer 
 of his district, and the latter, in his turn, to the 
 authorities in London, who would compare and 
 examine methods and results, and issue directions 
 which would, as far as might be, ensure unity 
 and consistency. 
 
 If a boy showed no signs of improvement, the 
 probation-officer would report accordingly, and 
 the lad would then be again brought before the 
 magistrates and committed to an institution 
 such, if possible, as the Short Detention School 
 suggested in a previous chapter. And our ideal 
 probation - officer must be of stern metal, and 
 let no excess of gentleness or false compassion 
 deter him from consulting his prot^g^'s best 
 interests by taking this step without undue 
 delay. Even the lad he finds it expedient to 
 
XI PEOBATION-OFFICEES 151 
 
 consign to severer treatment may not be with- 
 out some benefit from the connection — may feel 
 some shame or regret when it is severed, or 
 perhaps, years after, remember that there was 
 once a " bloke " who wanted to make a man of 
 him. He would, of course, be again placed on 
 probation on his release from the School, but 
 it would generally be found advisable to give 
 him his fresh start amid new surroundings. 
 
 It is hardly necessary after the preceding 
 chapters to specify all the youths who would 
 come under the operation of this system, but we 
 will just refer to two classes who would derive 
 especial benefit from it. These are — (l) the 
 decent lads, homeless and without friends, who 
 are brought before the magistrates for off'ences 
 under the Vagrancy Acts. Such lads, on being 
 committed to the care of the probation-ofiicer, 
 would be placed by him in one of the good 
 homes of which he would have made it his 
 business to obtain [particulars, and in which a 
 boy paying 10s. a week would be welcome. The 
 authorities would be responsible for the first 
 week's lodging money and for the cost of the 
 necessary clothes to restore respectability and 
 self-respect — an outlay of about £2 in all. 
 
152 THE MAKIIfa OF THE CEIMINAL ch. 
 
 Probationers of this type would require practi- 
 cally no supervision — tliey would be only too 
 thankful for the opportunities provided. Were 
 the existence of probation - officers once an 
 established fact, it is likely that many of 
 these respectable youths would voluntarily 
 seek their aid, and when misfortune had left 
 them no alternative but " sleeping-rough " and 
 begging, escape the degradation of the police- 
 court by placing themselves unofficially in their 
 care. 
 
 And (2) lads discharged after serving their 
 term in Industrial Schools and Reformatories 
 would be supervised by the probation-officers of 
 the districts to which they returned, the School 
 authorities having entered into communication 
 with the officers concerning their character and 
 antecedents, and continuing, when not prevented 
 by distance, to co - operate in the surveillance. 
 The boy obliged or persuaded to return to the 
 bad environment from which he was removed as 
 a child might find in the encouragement of his 
 probation-officer just the support necessary to 
 keep him from backsliding, and his visits might 
 in some cases even afi"ect the whole family, as is 
 said to be sometimes the case in America. If 
 
XI PEOBATION-OFFICEES 153 
 
 the boy found that his relatives had deceived 
 him to secure his return, or if, conscious of 
 temptation, he were anxious to escape from evil 
 influences and depraving conditions of existence, 
 the officer would find him a home, probably at a 
 safe distance from his own. 
 
 All youths would remain on probation just as 
 long as ordered by the respective authorities, the 
 officers being empowered to recommend exten- 
 sion when expedient. It is not probable that 
 each probation-officer would have more than a 
 few a year to supervise ; the number of such 
 lads in large cities would be dealt with by an 
 increased number of officers working in smaller 
 districts. Many ex-probationers would no doubt 
 keep up the connection, and in some cases grati- 
 tude would make them ready to help and 
 encourage their successors. 
 
 The machinery for working the system would 
 probably be rather expensive, but its immense 
 value to the young people coming under its 
 operation would far outweigh the cost. Those 
 who on sordid grounds would shrink from estab- 
 lishing it may reflect that it is by no means 
 improbable that the gradual but sure diminution 
 in the number of inmates of the country's prisons 
 
154 THE MAKING OF THE CEIMINAL ch. xi 
 
 would itself balance, or more than balance, the 
 working expenses.^ 
 
 What is certain is that it would give hundreds 
 of youths a chance they do not now possess, 
 and ensure that no decent lad would ever have 
 to go to prison as the first step to a criminal or 
 vagrant career for which he has no natural 
 inclination. 
 
 On page 356 of the Appendix will be found 
 statistics of a scheme in operation in Manchester 
 for helping lads of sixteen to twenty-one on 
 their discharge from prison. The treatment has 
 been such as we advocate for these boys without 
 previous imprisonment, and there is little doubt 
 that if the law were altered so as to render this 
 possible, the results would be equally good, or 
 even better. 
 
 ' Cf. Statistik iiber die Fiirsorgeersiehung, 1904, p. xxxv. Of. also 
 pp. 42 and 43 of the Report of the Probation Oommission, New York, 
 1906. See Appendix, pp. 251, 346. 
 
CHAPTER XII 
 
 PROBATION-OFFICERS AND CHILDREN'S COURTS 
 
 Though all that has gone before especially refers 
 to youths of from sixteen to twenty-one years of 
 age, and not to juveniles, any reference to pro- 
 bation-officers would be incomplete if it failed 
 to bear upon their relation to children brought 
 before the Children's Courts, as they are termed, 
 which are rapidly becoming established in the 
 cities and towns of the kingdom. As the rigid 
 line of demarcation drawn at the age of sixteen 
 is one of the great errors of our present system, 
 some account of the methods now considered 
 expedient with children under that age may 
 be suggestive of the right course to pursue in 
 dealing with "juvenile-adults." 
 
 The main idea of the Children's Court is, of 
 course, to keep the child away from all the 
 general sordidness of the ordinary police-court, 
 
 155 
 
156 THE MAKING OF THE CEIMINAL ch. 
 
 out of hearing of mucli that is vile and of the 
 conversation of the regular habituds of such 
 places, to save him from the stigma and pub- 
 licity of an appearance there, and to ensure, as 
 far as may be practicable, that he shall be 
 treated as a child in a parental rather than a 
 magisterial manner. A boy or girl who is 
 brought before an ordinary Court and dismissed 
 will often remember nothing but the aspect of 
 the Court itself, the policemen, the clerk, the 
 magistrates, some particularly wretched-looking 
 man, woman, or child. The actual proceedings 
 will have been unintelligible and unimpressive, 
 and the whole experience will have produced 
 the worst effect possible on a young and suscep- 
 tible mind, an effect all the more deplorable 
 when, as is often the case, the chUd is quite 
 untainted with vice. A hardened boy of fourteen 
 or fifteen who finds in the records of crime his 
 favourite literature, will, after the event, rather 
 exult in the publicity and in the sense that he 
 has been through a grown-up adventure, and 
 may do incalculable harm by boasting of it to 
 his fellows and posing as a hero before them. 
 The very name of the Children's Court is enough 
 to destroy any glamour of this sort. 
 
XII CHILDEEN'S COUETS 157 
 
 No set code, no hard and fast line of treat- 
 ment can be measured out for children. Each 
 requires to be dealt with differently : his past 
 history and whole manner of life, his natural 
 bent, his behaviour at school or at work, the 
 amount of parental control exercised over him, 
 his physical condition, must be investigated, and 
 all this should be done simply and naturally, 
 without a parade of law and formality which 
 inspires perplexity rather than reverence. If the 
 child can be brought by a separate entrance into 
 a private room, where he is received by one or 
 two magistrates so gifted in their knowledge of 
 children and their ways, particularly the ways of 
 very poor children, that they at once gain his 
 confidence, he can often be persuaded to tell his 
 story quite naturally, and the real causes of a 
 tendency to petty theft or other delinquency 
 can be ascertained. He should feel he is before 
 a stern but kind master or counsellor, and the 
 impression left on the mind by a visit to such a 
 Court should in many cases bear most excellent 
 fruit. For the first time in his life there may be 
 in him as he leaves it some dim apprehension of 
 abstract justice, of a dignity in the law other 
 than that represented by the policeman, some 
 
158 THE MAKING OF THE CEIMINAL ch. 
 
 realisation that life is serious, and doing wrong 
 not a mere affair of incurring punishment and 
 blame, but a thing which really matters. 
 
 The magistrate or judge should, if possible, be 
 a specialist at this work, to whom through insight 
 and experience the few words of accusation or 
 defence will be pregnant with meaning, and who 
 will be quick to detect the truth underlying the 
 plausible and tearful assurances of parents or 
 guardians that they have done their best for 
 the child. He should be intimately acquainted 
 with all the agencies and institutions to which 
 he may refer each individual case, so that his 
 diagnosis may be followed by the prescription of 
 the most suitable remedy at his disposal. A 
 magistrate who, without special interest in young 
 people or knowledge of their characteristics, 
 simply takes his turn at the Children's Court 
 with a mind full of the details of adult crimes 
 and attuned to severity, will hardly be in the 
 best mood for considering and sympathising with 
 childish delinquencies. On the other hand, a 
 lover of children, touched by the contrast to his 
 usual work, may be disposed to ill-considered 
 and ultimately unkind leniency. A constant 
 rotation of judges is destructive of the consist- 
 
xii CHILDEEN'S COUETS 159 
 
 ency and symmetry of method, to secure which 
 is one of the objects of a Children's Court, 
 and its effect on a system of probation, if estab- 
 lished, is still more unfortunate. How can there 
 be any continuity in the treatment of a proba- 
 tioner who, on a fresh appearance, is confronted 
 by a magistrate who knows nothing of his case, 
 and perhaps fills him with renewed feelings of 
 shyness and confusion ? ^ 
 
 A waiting-room should always be provided, 
 so that only one case be admitted to the Court 
 at a time. For a child overwhelmed with shame 
 at his situation nothing could be worse than to 
 hear the details of a more serious offence and 
 think, " Well, at all events, I'm not so bad as 
 he is." 
 
 But it would be very unwise because, happily, 
 a movement has begun for treating children in 
 this rational way, to neglect the opportunities 
 for securing their future welfare by sending them 
 to institutions. An idea seems to be becoming 
 very prevalent that a system of probation-officers 
 would largely do away with the need for Industrial 
 Schools, etc. 
 
 ' In Maryland and Indiana judges are appointed exclusively for 
 the Children's Courts. Of. also Appendix, p. 340. 
 
160 THE MAKING OF THE CEIMINAL oh. 
 
 The probation system ... is not free from 
 dangers. These dangers arise in the main from a 
 disposition to regard the newest thing in social 
 advance as a panacea, and consequently to apply it 
 without due discrimination. Probation ... is not 
 in all cases, even of juvenile offenders, a proper sub- 
 stitute for commitment. To fail to place the offender 
 under a vigorous corrective discipline when such course 
 is clearly indicated by the circumstances of the offence 
 and the previous character and present disposition of 
 the offender, is an evil only less serious than to im- 
 prison the offender when the circumstances would 
 justify his release upon probation.^ 
 
 The probation-officer should really supplement 
 and render more valuable and permanent the 
 work of the Industrial School, and even aid in the 
 discovery of children who ought to be in it. In 
 the great majority of cases such as are now sent 
 there, he could never be as effective as the School 
 would be, and is, in training a child to become 
 a good worker and citizen. In Germany the 
 experiment of lea^dng probationers in the care of 
 their parents has met with little success, as it is 
 found that, even when the home is fairly good, 
 parental authority is too weak to be of much 
 
 ' Report of the Probation Commission of the State of New York, 
 1906, p. 61. 
 
xn CHILDEEN'S COUETS 161 
 
 avail. ^ In America, the home of the probation 
 system, experienced opinion is that when the 
 parents can co-operate with the probation-officer, 
 success is probable ; but that without this co- 
 operation, probation for juveniles is useless.^ 
 Some judges, indeed, never try it at all with 
 children under twelve, believing them incapable 
 of understanding the meaning of it, and likely 
 to require an undue amount of attention. In the 
 Act Concerning Delinquent Children passed in 
 Colorado in 1903, Section II. expressly states: — 
 
 Nothing in this Act shall be construed to repeal 
 any portion of the Act or Acts providing for an 
 Industrial School for girls or boys. 
 
 And as an example of tribute to the work of these 
 Schools in America we have some words addressed 
 by President Eoosevelt to the boys of the New 
 York Juvenile Asylum : 
 
 I want to tell you that some of the best and 
 brightest men I know in professional, commercial, 
 and public life have come from your institution, and 
 from those like it. 
 
 So this mistaken idea apparently does not, like 
 
 ' Statistik iiber die Fiirsorgeerzichung Minderjahriger, 1904, p. 18. 
 2 Baernreither, Jugendfiirsorge und StrafrecU in den Vereinigten 
 Staaten von Amerika, Leipzig, 1905, p. 145. 
 
 M 
 
162 THE MAKING OF THE CEIMINAL oh. 
 
 that of probation itself, come from across the 
 Atlantic. It is indeed surprising, in view of the 
 very great success of the Industrial and Refor- 
 matory School system in dealing, during the last 
 fifty years, with most unpromising material, that 
 there should often be such hesitation about 
 sending boys to these institutions. As already 
 stated, the probation-officer could never do what 
 the Schools can do, and can in no sense replace 
 them. In many cases a probation-officer might 
 have a lad under observation for a year, and 
 at the end of that time he might be as un- 
 satisfactory as ever, and might have to be ■ 
 committed to a School when a year older and 
 so -much the more difficult to train. Suppose, 
 for instance, a child is brought before the Court 
 on a charge of petty theft. If the home is bad 
 and the parents indifferent as a result of drunken 
 or other evil habits, to dismiss the case by placing 
 the child for a period under the charge of a pro- 
 bation-officer could not be of much benefit. A 
 change of environment, a regular systematised 
 training is what is required, for it must be 
 borne in mind that in most of these casea 
 the child is not yet a worker, and is about 
 the home all day when not at school. The 
 
XII CHILDEEN'S COURTS 163 
 
 Industrial School is unquestionably the best 
 place for such a boy. 
 
 On the other hand, trifling ofiences due to 
 high spirits or pure mischief, and charges of 
 theft, etc., against children whose home is good 
 — cases in which sudden impulse or bad com- 
 panionship have led to the wrong act — can well 
 be dealt with by placing the youngsters on pro- 
 bation for a time. That there are numbers of 
 cases in which it is efficacious is illustrated by 
 the experience, e.g., of the Chicago Court, to 
 which only 18 per cent of the boys placed on 
 probation in 1899 were returned.^ 
 
 Children who have lost their parents, or been 
 deserted by them, are readily admitted to volun- 
 tary homes of various kinds, and rarely come 
 within the pale of the Vagrancy Laws; when 
 they do, they can always be sent to an institu- 
 tion. As far as regards vagrancy, the difficulty 
 arises with youths over sixteen. 
 
 From what we have said it will be seen that 
 the creation of a body of probation -officers to 
 deal with children is eminently desirable, but 
 
 ^ Report of the Proceedings of the Third International Congress for 
 the Welfare amd Protection of Children, 1902. "The American System 
 of Probation-Officers," by Miss Ada Eliot, Probation-Officer of the City 
 of New York. 
 
164 THE MAKING OF THE CEIMINAL ch. 
 
 not a very crying necessity. When the home 
 is bad the child's right place is the Industrial 
 School ; when it is good, parental control can 
 in many cases easily be regained over a child 
 sobered by its interview with the magistrates, 
 and the probation-ofi&cer can do little more than 
 strengthen the parents' hands. With children 
 the chief value of the system might be to make 
 sure that the evidence laid before the Court had 
 been sufficient, and its decision a right one. The 
 probation -officer would keep a sharp look-out 
 for any evil tendencies in his prot^g^ or any 
 dangerous conditions existing in his home, and 
 on discovering such and failing to effect improve- 
 ment, would not hesitate to bring him before the 
 Court again that he might be committed to a 
 School. 
 
 It is with older lads that the probation-officer 
 could do his best work — for them that the 
 realisation of some such scheme is a crying 
 necessity. The youth discharged from prison, 
 he who has finished his term of confinement in 
 an Industrial School or Eeformatory, he who has 
 been dismissed on a first charge of certain kinds 
 of theft, he whom destitution or misfortune has 
 brought under the notice of the authorities — all 
 
XII CHILDKEN'S COURTS 165 
 
 these appeal, and appeal for the most part in 
 vain, for help, for a decent home, for adequately 
 remunerated employment, for sound advice, for 
 strong support and friendly sympathy, for super- 
 vision and restraint, for all that they would call 
 " a chance." All this the probation-officer should 
 and could provide, but, let us repeat, the one 
 essential thing he must provide, if he is to be any 
 use at all, is work. 
 
 It may be of interest here if we describe 
 the methods of some of the Children's Courts 
 in America, the birthplace of the system.^ 
 
 The first was established in Chicago in 1899, 
 and is representative of the main features common 
 to those founded on its model. A special judge 
 is appointed for the work, and sessions are held 
 in a separate court - room. The children are 
 classified as (a) Neglected or Dependent, (h) 
 Truant, (c) Delinquent, and the cases of each 
 class are dealt with on different days. A 
 " delinquent " in contrast to a " dependent " 
 child remains under surveillance of the Court as 
 its ward, and may from time to time be sum- 
 
 ^ An account of the proceedings of an English Children's Court — 
 that at Birmingham — may be found in Seeking and Saving, October 
 1906. 
 
166 THE MAKINa OF THE CRIMINAL ch. 
 
 moned before it. And since it belongs henceforth 
 to the State, parents are not required to contri- 
 bute to its maintenance in an institution, the 
 moral effect on them of this arrangement being 
 disregarded. A child, with its relations or 
 guardians, must appear before the Court within 
 twenty-four hours of a summons, and is dealt 
 with summarily. The probation - oflScers ap- 
 pointed by the Court are at once informed of 
 every case that comes up, and have to imme- 
 diately investigate it, and represent the child's 
 interests at its trial. The chief probation-officer, 
 who acts as prosecuting attorney, receives a 
 salary from the municipality, as do also sixteen 
 policemen whom the Mayor selects and appoints 
 as police probation - officers. In some of the 
 other States this employment of policemen is 
 strongly deprecated. They wear no uniform. 
 Their duty is to attend at the various police- 
 stations, and take charge of the juveniles arrested, 
 and bring them before the Court. A child under 
 twelve, however, cannot be taken to a police- 
 station, or detained in a building where there are 
 adult criminals. Then there are twelve district 
 probation-officers, who are paid by the Juvenile 
 Court Committee, an offshoot of the Women's 
 
XII CHILDEEN'S COUETS 167 
 
 Club. Others are appointed by, and receive 
 salaries from, various denominational societies, 
 which they represent in the Court ; and some act 
 as volunteers without pay, very often taking an 
 interest in some one child, and getting a com- 
 mission from the judge to look after it. 
 
 These probation-officers make every possible 
 inquiry into the circumstances and advise the 
 judge on the course to be followed, take charge 
 of and observe the child if a final decision cannot 
 at once be reached, and undertake the supervision 
 of children left in their own families or boarded 
 out in others. If the child is sent direct to an 
 institution, the probation-officer's functions with 
 regard to it are at an end, fresh arrangements 
 for its supervision being, of course, made on its 
 release. The Industrial Schools or Eeformatories 
 also have representatives present at the sittings 
 of the Children's Court, and every institution 
 which receives delinquent children must keep a 
 probation agent, to supervise those who have 
 left it, assist them, and report to the Court on 
 their progress. The institutions themselves are 
 supervised and inspected by the Board of State 
 Commissioners of Public Charities and by the 
 County Board of Visitors. When a child who is 
 
168 THE MAKING OF THE CEIMINAL ch. 
 
 placed on probation is without a proper home, 
 one of the probation - officers representing a 
 religious body undertakes the charge of it. 
 There is a detention home for boys while their 
 cases are being examined, but it does not seem 
 deserving of much praise. 
 
 The trials are very informal and no time is 
 wasted, on an average eight to ten cases being 
 dealt with in an hour. The gathering of infor- 
 mation by the probation-officers before the actual 
 inquiry in Court of course renders prolonged 
 investigation unnecessary, but the proceedings 
 are said often to appear unduly hurried. Theft, 
 needless to say, is the most common offence, 
 followed by railway misdemeanours and vagrancy. 
 Very serious cases, murder e.g., are referred to a 
 Grand Jury ; but in 1903 recourse was only had 
 to this measure in 21 out of 1586 cases. Eather 
 less than half of the boys convicted were dis- 
 missed on probation, and the rest were sent to 
 the Reformatory.^ 
 
 The Children's Court in New York is superior 
 to that in Chicago, in that it is held in a separate 
 building ; but, for reasons referred to above, 
 inferior, in that six judges visit it in rotation. 
 
 ' Baernreither, chap. vii. 
 
XII CHILDEEN'S COUETS 169 
 
 In the borough of Brooklyn, however, the judges 
 have arranged that one of their number should 
 actually preside for nine months each year. It is 
 called the " Court of Special Sessions, Children's 
 Part," and all cases up to the age of sixteen must 
 be brought before it. The Society for the Pre- 
 vention of Cruelty to Children (supported by 
 voluntary contributions, but "not a charitable 
 institution ") plays a great part in the proceed- 
 ings. By the penal code its officers are invested 
 with an official position as " peace officers," its 
 president is the Chief Children's Probation-Officer 
 of the city, and its attorney conducts the prose- 
 cutions. When a child is discovered in a vicious 
 environment the Society initiates proceedings, 
 and later, in its probation - officer capacity, 
 when advisable in the child's interest, resists 
 parental attempts to recover it from an institu- 
 tion. It possesses a fine remand-home, which 
 can shelter a hundred children at a time during 
 the few days it may take to inquire into their 
 cases. In 1903, 7294 children passed through 
 this home. A child committed to an institution 
 is not conveyed thither by a policeman, but by 
 one of this Society's officers. But so far as proba- 
 tion is concerned, the work of the Society, except 
 
170 THE MAKING OF THE CEIMINAL oh. 
 
 in Brooklyn, is very inadequate ; it is accused of 
 limiting its efforts to the securing of informa- 
 tion, and of failing to establish friendly personal 
 relations between its officers and the children. 
 The Society exists prima,rily for other purposes, 
 and its comparative failure in this emphasises 
 the mistake of allowing the work to get into the 
 hands of private organisations, instead of placing 
 it under a State department with duly co-ordi- 
 nated methods and central oversight and control. 
 In New York the proceedings of the Children's 
 Courts are rendered more formal than in other 
 States, counsel being assigned to the defendant, 
 who is also entitled to demand a jury. The 
 judge is influenced in his choice between proba- 
 tion and training in a School rather by the char- 
 acter of the child's home than by the seriousness 
 of its offence, so that not only petty misde- 
 meanours, such as truancy and illegal street- 
 trading, but even felonies, are dealt with by 
 probation. 
 
 In Massachusetts, as in Chicago, the Children's 
 Courts do not sit in separate buildings, but hold 
 special sessions from which all persons considered 
 undesirable are excluded, so that the proceedings 
 are practically private. Great care also is taken 
 
xn CHILDEEN'S COUETS 171 
 
 that no account of juvenile crimes should be 
 published in the newspapers. Boston is probably 
 alone in one of its methods of inspiring respect 
 both in children and adults who are brought before 
 the Courts — a great point is made of personal 
 cleanliness and neatness ;' and the necessary con- 
 veniences for, in so far as possible, securing these 
 are provided, and their use enforced before the 
 persons under arrest enter the presence of the 
 judge.-' The practice is worthy of imitation by 
 every Children's Court at least, as it is calculated 
 to strengthen the impression of its dignity made 
 upon a youthful mind. When young probationers 
 are returned to their parents' care, the parents 
 are warned that they are " held responsible for 
 their child's behaviour, and will become liable to 
 punishment if it is again brought before the 
 magistrate." ^ 
 
 Though apparently Children's Courts have not 
 yet been established in France, the separation of 
 juvenile from adult prisoners is aimed at more 
 and more in that country also. At the Paris 
 police-stations separate waiting-rooms are pro- 
 vided for boys and girls, and an " Asyle d'Obser- 
 
 ' Baernreither, chap. vi. p. 143. 
 2 Florence Davenport Hill. Letter to The Times, June 20, 1906. 
 
172 THE MAKING OF THE CEIMINAL ch. 
 
 vation," or remand-home, has been founded for 
 young offenders who would otherwise have been 
 sent to prison pending inquiry into their cases. 
 Here they are made to work, and kept for a time 
 under strict observation, their conduct being 
 reported to the judge as a guide to his final 
 decision. The transport of juveniles in paniers 
 a salade ("Black Marias") has also been for- 
 bidden,^ and they must be escorted by agents 
 en hourgeois, not by gardes repuhlicaines 
 in uniform.^ In Germany the Conference on 
 Guardianship-Education held at Breslau in June 
 1906 passed a strong resolution in favour of the 
 establishment of Children's Courts, and for 
 entrusting the procedure to specially trained 
 magistrates.^ Courts of this kind have existed 
 for many years in South Australia. 
 
 Just as we have adopted the recommenda- 
 tion of the Commissioners that Short Detention 
 Schools should be founded on the model of the 
 
 ' A child's journey in one of these vehicles is described in Fran9ois 
 Coppee's story Le Ooupable. The account of a French Oolonie Fdni- 
 tcntiaire (Industrial School) may happily be regarded as obsolete ;, 
 but the book retains its interest by the skill with which the psycho- 
 logical process of the development of the illegitimate child and ex- 
 Industrial Scliool boy into the thief and murderer is drawn. 
 
 ^ Gaston Drucker, La Protection des Enfants MaltraMs et Morale- 
 ■iiient Abmidonnis. Paris, 1894. 
 
 '^ Schlesische Zeitung, June 14, 1906. 
 
XII CHILDREN'S COURTS 173 
 
 Truant Schools for younger offenders, so we 
 have dealt somewhat fully with Children's 
 Courts partly in order to suggest that their 
 methods should be apphed to youths more ad- 
 vanced in years. If the age of full criminal 
 responsibility could be raised in Great Britain 
 to that obtaining in certain other countries, 
 namely eighteen, the sphere of benefit conferred 
 by the establishment of Courts of this kind 
 would be enormously widened. Still better 
 would it be could an arrangement be made that 
 on certain allotted days all first offenders up to 
 twenty-one should be dealt with privately by 
 magistrates specially interested in juvenile adults. 
 Even the terrible " hooligan " is often but a child 
 at heart, and means very little by his vile 
 language and rough actions, and a stern but 
 tactful and kindly -disposed magistrate might 
 make him realise in a private interview that 
 his behaviour is simply silly and despicable. 
 The lads of all the types we have described 
 have, in fact, one feature in common, a feature 
 so obvious that it would seem superfluous to 
 draw attention to it were it not that it is so 
 often forgotten. All of them are hoys, not men ; 
 and as boys the right place for most of them is 
 
174 THE MAKING OF THE CRIMINAL ch. xn 
 
 neither the police-court nor the prison. They 
 would most rationally and with the best results 
 be brought before a Court managed on the 
 lines of the Children's Courts here described. 
 Probation - officers (or other officials specially 
 appointed for this branch of the work) would 
 make full investigation of each case before trial, 
 and the lads, according as it appeared that mis- 
 fortune or culpability had led to their arrest, 
 would be placed on probation or committed to 
 the Short Detention School, or to a prison for 
 the Borstal treatment. The shame — a shame 
 the deeper as it is less deserved — and all the 
 hardening effect of a public appearance before 
 the Bench would be abolished ; the fear of it 
 would remain undiminished to deter the first 
 offender from a repetition of his fault. Our 
 manufacture of criminals, so flourishing as yet, 
 would languish, since only the already criminally 
 disposed need, under such a system, ever suffer 
 the contamination of either police - court or 
 prison. For in no case would a destitute and 
 homeless youth he dismissed without something 
 being done for him, and, if possible, a home 
 and work secured. 
 
CHAPTER XIII 
 
 FOREIGN AND COLONIAL REFORMATIVE METHODS 
 
 The details already given must have made it 
 sufficiently clear that, so far as concerns the 
 subject of this volume, England is no longer in 
 the forefront, whether regarded from the stand- 
 point of economy, common-sense, humanity, or 
 justice. It will have been seen that there 
 are other countries where young lads are not 
 submitted to the public degradation of the 
 police-court, are not treated as men and con- 
 signed to the ordinary prison for trifling offences, 
 are not, after a few days of useless and prejudicial 
 detention, turned loose with no alternative save 
 to seek a livelihood in precisely the same way as 
 before their arrest. And the reader will have 
 observed that in these countries an attempt, and 
 more than an attempt, is made to discover the 
 underlying causes of their offences, to remove 
 
 175 
 
176 THE MAKING OF THE CEIMINAL ch. 
 
 those causes, and to provide the unhappy youths 
 with a sound equipment for life in the same way 
 that England so successfully provides it for 
 children under sixteen. 
 
 If we try to summarise the chief points of 
 difference between other methods and our own, 
 it is impossible to keep strictly within the 
 narrower limits of age which our system has 
 dictated. We propose, therefore, in this chapter 
 to consider the treatment in certain other 
 countries of all juvenile offenders up to the age 
 of twenty-one. 
 
 The governments which have devoted the 
 most scientific study and extensive legislation 
 to the subject are agreed on certain general 
 principles. These may be enumerated as — 
 
 (1) If parents have directly or indirectly 
 shown their incompetence to bring up their 
 children properly, they forfeit all rights over 
 them, the only connecting link being the obliga- 
 tion to contribute to their maintenance. The 
 State, or persons appointed by the State, assumes 
 absolute control of such children until their 
 majority. 
 
 (2) Full criminal responsibility is not incurred 
 till the eighteenth year ; until that. age a boy or 
 
xm EEFOEMATIVE METHODS 177 
 
 girl must not be regarded or treated as an 
 adult. 
 
 (3) The boy is placed in an institution for an 
 indefinite period, and taught to work at some 
 employment by which he may earn a living as 
 soon as he is considered ripe for discharge. 
 
 (4) The time following release being recog- 
 nised as most critical, a system of supervision or 
 probation is enforced for a period, or until the 
 attainment of majority. If the offence has not 
 been serious, and home circumstances are such 
 as render a Eeformatory training unnecessary, 
 probation is exercised without previous confine- 
 ment. 
 
 (5) Life in an institution is regarded rather 
 as a necessary evil. The general principle 
 followed is to give the inmate as sound and 
 thorough a training as a limited time will allow ; 
 but to restore him to free life in a home chosen 
 for him, or in his own, as soon as his conduct 
 leads to the presumption that he may be trusted 
 to keep straight under ordinary conditions. So 
 far as the younger boys are concerned, it is a 
 very questionable advantage thus to break the 
 continuity of their education ; when destined for 
 farm labour, as the majority in certain countries 
 
178 THE MAKING OF THE CKIMINAL oh. 
 
 are/ the objection, however, largely disappears, 
 and on the score of economy, if not always, as 
 claimed for it, on that of the child's welfare, the 
 system may be defended. 
 
 (6) The shortest expedient residence in a 
 school being a desideratum, every effort is made 
 to raise the industrial training received there to 
 the highest level possible, in order that there 
 may be no difficulty in obtaining good wages for 
 a youth on his release, and that, handicapped 
 as he is by bad early upbringing and popular 
 prejudice, he may compete on at least equal 
 terms with those educated in freedom. Not 
 only are manual industries taught, but foreign 
 governments in many instances do not shrink 
 from the introduction of the best modern 
 machinery. 
 
 (7) Within the schools the individual char- 
 acter of the inmates is carefully studied (at first 
 during a period of isolation which at all events 
 possesses hygienic advantages), and classification 
 as far as possible observed by dividing them 
 into small groups or housing them on the cottage 
 
 ' In some of the Western States of America the demand for such 
 children to adopt is greater than the supply, although nothing is 
 paid to the foster-parents. — Baernreither. 
 
xiii REFOEMATIVE METHODS 179 
 
 system. Classification is often carried further 
 by the provision of different types of institutions. 
 
 (8) A minor difference, perhaps worth notic- 
 ing because certain philanthropists give it undue 
 importance, is the complete absence or very 
 sparing use of corporal punishment. This lies 
 in the character and customs of the people, for 
 many foreigners have as unreasoning a dislike 
 for even parental chastisement as English people 
 have for frogs or black bread. By their repug- 
 nance they are led to have recourse to absurd 
 and pernicious substitutes, such as suspension 
 of attendance at the day-school and sohtary 
 confinement in a cell.^ 
 
 In the United States of America, the country 
 in which modern theories have longest been 
 practised and most thoroughly and zealously 
 studied and discussed, the most salient feature 
 is the wide use of the indeterminate sentence, 
 the reformatory, and release on parole or proba- 
 tion, as three closely connected stages in one 
 consistent system. Noticeable, too, are the 
 extent to which, on behalf of juveniles, private 
 
 ' In France, e.g., troublesome children may be sent to prison for a 
 few days by their parents, a commitment of this nature not being 
 counted as a conviction. 
 
180 THE MAKING OF THE CEIMINAL ch. 
 
 societies supplement the work of the State and 
 are supported by the State, and the general 
 interest which the whole subject arouses, as is 
 evidenced by the numerous Boards of " Charities 
 and Correction," etc., Children's Aid Societies, 
 conferences, elaborate reports, and the like. 
 
 In many of the States^ the Keformatory 
 method is applied not only to juveniles and 
 juvenile-adults, but to men up to the age of 
 twenty-five, thirty, or even thirty-five, nomi- 
 nally only to first ofi"enders, but in practice to 
 all persons between sixteen and thirty who 
 appear likely to profit by it. It is based on 
 the principles that " the wrongdoer must be 
 considered an object not for society's vengeance 
 but for its ministrations," ^ and that " no man, 
 whatever his offence, ought ever to be dis- 
 charged from restraint except upon reasonable 
 evidence that he is morally, intellectually, and 
 physically capable of earning a livelihood." ^ 
 The idea of passing " reformative " instead of 
 " time " sentences originated as long ago as 
 1867, at the suggestion of the secretary of 
 
 ■■ New York, Massachusetts, Pennsylvania, Minnesota, Ohio, 
 Illinois, Indiana, New Jersey, Wisconsin, Colorado. 
 2 Elmira Year -Booh, 1892. 
 ^ Motto of the Elmira weekly newspaper. The Summary. 
 
xiii EEFOEMATIVE METHODS 181 
 
 the New York Prison Association/ and was 
 followed, 1870-77, by the founding of the 
 Eeformafcory at Elmira, which formed the model 
 for those established in other States. 
 
 When a youth is committed to the Eefor- 
 matory, the particular crime which has brought 
 him there is but little considered, being regarded 
 as a mere symptom, but all possible inquiry is 
 made into his " ancestry, environment, associa- 
 tions, education, habits of life, attainments, and 
 physical and mental condition " before assigning 
 him his place in the trades schools and school 
 of letters. He is presented on his entrance 
 with a complete outfit, but is then placed on his 
 own resources, charged for his room and board, 
 and obliged to replace his clothing when neces- 
 sary. In the lowest grade he earns forty-five 
 cents a day (eight hours), but can work overtime 
 and earn more. He is fined for bad work, for 
 failure in the monthly examinations, or for 
 breaches of the regulations. There is thus every 
 incentive to work hard, not only to obtain dis- 
 charge, which work obviously directed to that 
 end alone will not effect, but to save money to 
 
 ' Reports prepared for the International Prison Commission. Wash- 
 ington, 1899. "The Indeterminate Sentence," Warren Spalding. 
 
182 THE MAKING OF THE CEIMINAL oh. 
 
 start upon when release comes. Amongst the 
 thirty trades taught are electricity, iron-forging, 
 steam - fitting, stone - masonry, music, steno- 
 graphy, typewriting, and photography. Mili- 
 tary drill and physical exercises are assiduously 
 practised. An hour and a quarter in the day- 
 time is spent in the schoolroom four days a 
 week, and lectures are given on Sunday after- 
 noons. Some of the newcomers have to be 
 placed in a kindergarten class, but wonderful 
 progress is made, and members of the higher 
 classes are instructed in ethics, philosophy, logic, 
 history, literature, mathematics, etc. , encouraged 
 to hold debates, to contribute to the weekly 
 newspaper, and occasionally lecture to their 
 fellow-prisoners. Every inmate is allowed one 
 book a week, which may be fiction, from the 
 library ; men in certain divisions an extra book, 
 not fiction. 
 
 The Americans are often accused of pamper- 
 ing the inmates of their Reformatories and 
 Prisons, both physically and mentally, and cer- 
 tainly when we read, for example, the diet 
 sheets ^ of some of these institutions there seems 
 
 ^ Sunday dietary at the Reformatory Prison of Huntingdon, Penn- 
 sylvania : Breakfast — beef - pudding, bread, syrup, and coffee; 
 
xui EEPOEMATIVE METHODS 183 
 
 some truth in the charge. We must, however, 
 consider that every system forms part of the 
 organic life of the country in which it obtains. 
 The standard of living and of working-class 
 intellectual attainment appears to be far higher 
 in America than in Europe, and it is held sound 
 policy to accustom prisoners to comforts which 
 by steady work they ought always to find within 
 their reach. 
 
 The system of release on parole as soon as 
 there is reasonable hope of the prisoner being 
 fit for a life of freedom, and the supervision 
 exercised by probation-oflS.cers, we have already 
 described in Chapter XI. There is seldom any 
 difiiculty about getting work for a man or boy 
 discharged from a Reformatory, for the practice 
 of only granting release when the prisoner is 
 judged by experts to be really altered in char- 
 acter removes the stigma of crime and carries 
 the assurance of honesty, whilst the excellent 
 training received recommends him as a worker. 
 
 In the State of New York 40 per cent of all 
 persons committed to the State prisons are sent 
 
 dinner — pork and baked beans, pickles, bread, syrup, and coifee ; 
 supper — gingerbread, bread, syrup, cocoa, and sugar. The week-day 
 menus are hardly inferior. — Baernreither, p. 284. 
 
184 THE MAKING- OF THE CEIMINAL ch. 
 
 to Elmira, which in 1905 had an average popu- 
 lation of 1295. Of the 830 released in that year 
 on parole, 85 per cent are claimed as probably 
 reformed, and only 2^ per cent reported as 
 returned to crime. "It is clearly evident, from 
 a thorough study of criminal statistics of States 
 where the Reformatory methods have been 
 adopted, that the average length of sentences 
 has increased and not diminished, and that 
 crime has not increased in a ratio to the popu- 
 lation." 1 
 
 To turn to the treatment of juveniles — i.e. 
 children who come before the notice of the 
 Courts before the age of sixteen and may be 
 detained up to twenty -one. The preceding 
 chapter contains an account of the Children's 
 Courts and Probation - Officers, and it only re- 
 mains to refer to the institutions to which they 
 are committed. According to a calculation 
 made in 1900,^ from 80 to 85,000 children were 
 in that year living in private institutions in the 
 United States, some 50,000 were boarded out 
 in families, and about 15,000 were in the State 
 
 ^ Elmira Report, 1906. See Appendix, p. 322. 
 '^ Homer Folks, The Care of Destitute, Neglected, and Delinquent 
 Children. New York, 1902. 
 
XIII EEFOEMATIVE METHODS 185 
 
 Eeformatories. In the general character of the 
 training given they seem to bear much resem- 
 blance to our English schools,^ but with the 
 important difference of principle that the aim 
 is always to discharge a boy as soon as possible, 
 restoring him to family life under supervision, 
 which continues, if considered expedient, until 
 his majority. The determination of the date 
 of release is generally arrived at by a system of 
 marks. In one school,^ for example, newcomers 
 are placed in the second class, and by bad marks 
 may sink to the third, or by a suflBcient number 
 of good ones rise to the first. Five thousand 
 good marks are necessary to secure discharge, 
 and these cannot be gained by less than one 
 and a half years of exemplary conduct. The 
 newer schools are arranged on the cottage or 
 family plan. The New York Juvenile Asylum 
 places twenty boys in each cottage ; at the Glen- 
 mills House of Eefuge, Pennsylvania (800 boys), 
 each division of fifty forms a " family " under a 
 " father " and " mother," and has its own dining- 
 room, with tables for six, and sitting-room, 
 
 1 An account 'of the original methods of the " George Junior 
 Republic " may be found in Munsey's Magazine for February 1901. 
 
 2 Baernreither, chap. iv. 
 
186 THE MAKING OF THE CEIMINAL oh. 
 
 furnished with carpet, piano, flower - stands, 
 pictures, etc. The boys are trained as painters, 
 masons, printers, tailors, shoemakers, bakers, 
 electricians, farmers, half of them alternately 
 spending morning or afternoon at work and in 
 school. The evenings are occupied with read- 
 ing, music, games, gymnastics ; once a week a 
 concert or illustrated lecture (among the subjects 
 which have been chosen are Assyrian excava- 
 tions, insect life. X-rays, the Philippines, African 
 birds and their migrations) is provided ; and a 
 daily newspaper is published. The popularity 
 of the military drill is increased by periodical 
 manoeuvres, at which officers of the United States 
 army act as umpires. The average stay is two 
 years. As in the case of the Eeformatories for 
 older offenders, the treatment, to the superficial 
 observer at least, seems unduly luxurious. It 
 is, however, deliberately employed in the belief 
 that on his release the boy will try to live up 
 to the standard to which he has become habitu- 
 ated ; and will even react on his family if he 
 returns to it.^ 
 
 Of European countries, Hungary^ deserves 
 the first place for the insight and imaginative 
 
 ^ Baernreither, chap. iv. ^ See Appendix, p. 287. 
 
XIII REFOEMATIVE METHODS 187 
 
 sympathy, the elaborate care and thoroughness 
 with which its Reformatory system has been 
 thought out, for the soundness of the principles 
 on which it rests, and the technical perfection 
 of the training provided. We have given so 
 full an account of this system in the Appendix, 
 that to it we would refer all who are interested, 
 or, better still, to the admirable report, with its 
 illustrations, statistics, and syllabuses of indus- 
 trial training, from which it is drawn. Here 
 we need only remark that its keystone is the 
 provision of the most technically perfect indus- 
 trial training attainable, while along with this 
 every endeavour is made to minimise the dis- 
 advantages of life in an institution by making 
 it as individualistic, as home -like, happy and 
 healthy as thought and care can render it. The 
 average stay in the various " houses of correc- 
 tion " varies from four and three-quarter to two 
 and a quarter years. 
 
 In France ^ the present is a period of transi- 
 tion. In general, the treatment of juvenile 
 offenders does not as yet compare very favour- 
 ably with our own, but a committee is consider- 
 ing the whole problem, and one result said to 
 
 1 See Appendix, p. 229. 
 
188 THE MAKING OF THE CEIMINAL ch. 
 
 be certain is the raising from sixteen to eighteen 
 of the age up to which a person may have acted 
 " without discernment," meaning that such a 
 person will be eligible for committal to a Eefor- 
 matory instead of to a prison. As it is, youths 
 up to eighteen convicted for vagrancy and 
 begging are corrected by detention in a school. 
 In connection with a movement for thoroughly 
 overhauling and improving the Reformatories, a 
 number of private schools have been closed, and 
 there are now ten belonging to the State, under 
 the control of the Minister of the Interior, and 
 ten managed by departmental authorities or 
 voluntary societies. The worst cases are sent 
 to special prisons, such as that at Eysses, or La 
 Roquette in Paris, where some 400 unhappy 
 children are confined in cells under strict dis- 
 cipline, and employed on uninstructive labour. 
 In contrast to this is such an excellent school 
 as Montesson, which receives boys under four- 
 teen, and discharges them at sixteen. Each of 
 its nine sections occupies a separate building, 
 and contains forty boys classified according to 
 antecedents, or, in the case of the older lads, 
 according to their occupation in the school. On 
 arrival a boy is placed in a special section for a 
 
XIII EEFOEMATIVE METHODS 189 
 
 few weeks' observation. Up to the age of four- 
 teen he receives full-time elementary instruction, 
 he then enters a workshop or joins a class for 
 garden or field labour. The industrial training 
 in the French schools is already on a very high 
 level, especially in metal - working, carpentry, 
 and cabinet-making, nevertheless, the authorities 
 are considering how they can improve it, and 
 striving to obtain a better class of instructors. 
 We have already referred to the completeness of 
 the forfeiture of parental rights when unfitness 
 to exercise such rights has been demonstrated. 
 
 In Belgium all the Ecoles de Bienfaisance, as 
 the Industrial Schools are called, belong to the 
 State, and are under the control of the Minister 
 of Justice. The officials, numbering at least one 
 to every ten boys, are all civil servants ; several 
 of the directors are retired army officers, who 
 prove exceptionally zealous, and the institutions 
 have their own chaplains and doctors. Since 
 1891, youths between sixteen and eighteen may 
 be committed to them for minor ofiences, vaga- 
 bondage, and begging. The industrial training 
 is very advanced, including forging and metal- 
 work, joinery, printing, railway fittings, book- 
 binding, and bicycle-making ; the construction 
 
190 THE MAKING OF THE CElMINAL ch. 
 
 of motor cars and electrical plant is contemplated 
 in one school. The extensive business connection 
 which has been developed forms, however, a 
 danger, as useful boys are often kept at school 
 up to twenty-one, when they cease to be at the 
 " disposition of the State." It would be far 
 better that these should adapt themselves earlier 
 to a life of freedom, especially as after twenty- 
 one they lose the advantage of supervision during 
 the critical period which follows release. The 
 boys receive marks for good conduct, and may 
 earn a monthly half-holiday, with the peculiar 
 addition of some beer and one or two cigars. 
 
 The clerical work in connection with these 
 schools is very heavy, for daily and monthly 
 returns must be submitted to the Inspector- 
 General, and by an excellent system a dossier 
 must be kept to record the conduct and past 
 and subsequent history of every pupiliwho passes 
 through them. 
 
 The chief flaw in the Belgian system is that 
 children guilty of serious offences are incarcerated, 
 as in France, in special prisons or departments of 
 prisons, whilst even the schools tend to be too 
 prison-like. 
 
 At Kuysselede, a school for 570 boys from five 
 
XIII REFOEMATIVE METHODS 191 
 
 to eighteen years of age, the juniors receive an 
 ordinary elementary education, the seniors agri- 
 cultural or industrial training, with two or three 
 hours' daily schooling. At St. Hubert (capacity 
 400), only boys of sixteen to eighteen are hence- 
 forth to be admitted. Ypres School contains 
 nearly 300 boys between fourteen and twenty, 
 and a section for boys guilty of misconduct at 
 other institutions. These are kept at menial 
 work or confined in cells, and are never allowed 
 to return to their previous schools. Similarly, 
 boys condemned to the special quarter of Ghent 
 prison have no hope beyond a training in the 
 workshops if their behaviour is considered sufl&- 
 ciently good. Otherwise they remain in their 
 cells. Committees of patronage are attached to 
 each school, and place out and afterwards super- 
 vise the ex-pupils ; but with regard to this, as to 
 many other details, theory seems as yet to be 
 better than practice. Members of committees of 
 patronage subsidised by the State also visit and 
 look after in their famihes children who are in 
 "moral danger" but not actually -guilty of 
 wrong-doing.-' 
 
 ' Bepm-t of the Proceedings of the Third International Congress, 
 p. 208. 
 
192 THE MAKING OF THE CEIMINAL oh. 
 
 The German legislation of 1900 ^ is essentially 
 prophylactic. Any person or body of persons 
 cognisant of a child under eighteen growing up 
 amid such surroundings that he is likely to 
 become a criminal is enjoined to report him to 
 the authorities, who may then remove him 
 entirely from the care of his parents to that of 
 the State, and have him brought up until his 
 twenty-first year in an institution, or in a suit- 
 able family under the supervision, of a probation- 
 ofiicer. The principle has been laid down that 
 exact knowledge of the personality and develop- 
 ment of each child is necessary in order to avoid 
 the danger of upbringing (erziehen) becoming 
 simply updragging (aufziehen). A detailed report, 
 showing the causes which have rendered guardian- 
 ship-education expedient, must be prepared, and 
 a record kept of the effects of such education 
 when applied.^ Upbringing in a family is to be 
 preferred to that in a school, and the pupils, as 
 soon as they have acquired habits of decency and 
 order in an institution, are, when possible, to be 
 entrusted to private persons. In practice, how- 
 ever, this is found very difficult in the case of 
 
 ' See Appendix, p. 250. 
 ^ Statistik iiber die Filrsorgeerziehung fur das Matsjahr, 1901. 
 
xni EEFOEMATIVE METHODS 193 
 
 the older children; and of the total number 
 under the operation of the law in 1904, 63-8 per 
 cent were in institutions. Juveniles between 
 twelve and eighteen are liable to a mitigated 
 form of imprisonment (in no case penal servitude) 
 in special prisons or sections of prisons, if at the 
 time of committing an offence they possessed the 
 " intelligence necessary to the knowledge of its 
 criminality " ; and a serious defect in the law of 
 1900 is its failure to abrogate this provision, 
 with the result that large numbers of reformatory 
 children have spent a preliminary period in 
 prison. But, as already mentioned, in Berlin at 
 least, the experiment is being made of sending 
 even lads over eighteen to a reformatory instead 
 of a prison, and further legislation is impending. 
 The German institutions all belong to local 
 authorities or benevolent societies, and the 
 State has little to do with them beyond con- 
 tributing two-thirds of the cost of maintenance. 
 Here too a boy is isolated for three or four 
 weeks' observation by the director, doctor, school- 
 master, and chaplain before he is allotted his 
 place in a school. Special attention is devoted 
 to agriculture, but the industrial training is also 
 good, and theoretical instruction of both kinds 
 
194 THE MAKING OF THE CEIMINAL oh. 
 
 excellent. Some of the institutions for the more 
 serious cases are too like prisons in character/ 
 and to this and to the resentment felt by lads 
 who have been imprisoned at the injustice of 
 what they consider a double punishment, is 
 probably chiefly due the enormous number of 
 escapes or attempted escapes from guardianship- 
 education. Many schools are, however, alto- 
 gether admirable, and of these that at Zehlendorf 
 may be taken as representative. It belongs to a 
 Society for the Education of Neglected Children, 
 and its director is a Protestant pastor. Only 
 children under fourteen are received, and it con- 
 tains 200 boys and 100 girls, of whom about a 
 third are sent by the courts. An ordinary educa- 
 tion is given until the children are fourteen ; 
 they are then instructed in gardening and various 
 trades, their studies being illustrated by models 
 and made extraordinarily interesting. The school 
 at Lichtenberg already referred to is practically 
 a senior truant school rather than a Eeformatory, 
 for the number of lads between fourteen and 
 twenty-one requiring admission is so great that 
 they can seldom be kept longer than six months. 
 
 ^ Konferenz iiier die WirksamTceit des preussischen Filrsorgeerzie- 
 Tiungsgesetzes, Breslau, 1906. {Berliner Tagehlatt, 16 Jiini.) 
 
XIII REFOEMATIVE METHODS 195 
 
 The building is designed for 200 inmates, and 
 of these all but a very few are there for theft. 
 Boys under seventeen spend twenty-three hours 
 a week in the schoolroom ; over seventeen, eleven 
 hours. A certain number are sent into the 
 country to learn farmtug, and only spend the 
 week-ends in the institution. On their discharge 
 situations are found for them, but if they do not 
 get on well they are brought back to the school 
 and given a fresh start. The surveillance of 
 ex-inmates of German Keformatories is as a rule 
 good, and may continue after they have passed 
 the age of twenty-one. 
 
 In Russia,^ by the law of 1897, penal responsi- 
 bility begins at ten, but penal majority is not 
 reached till twenty-one, all punishment under 
 that age being mitigated. Boys between four- 
 teen and seventeen are by preference committed 
 to a correctional institution or " colony," or if 
 they acted " with discernment " to the special 
 section of a prison. If under fourteen, and 
 acting " without discernment," they may be 
 placed in a monastery or handed over to the 
 care of parents, private persons, or societies. 
 
 The Keformatories appear to be excellent so 
 
 ' Bevue Pinitentiaire, February 1902. 
 
196 THE MAKING OF THE CKIMINAL ch. 
 
 far as they go, but being mainly dependent on 
 philanthropic effort they are lamentably scarce. 
 In 1899 there were only thirty -seven, accom- 
 modating but 16 to 18 per cent of the children 
 sentenced to them, the remainder being sent to 
 prison. Nearly all are subsidised by the Govern- 
 ment, the Zemstvos, or municipalities, and they 
 are exempted from taxes, but financial need 
 prevents them from developing as their sup- 
 porters wish. Detention is for a minimum of 
 one year, with obligatory discharge at eighteen. 
 Corporal punishment and solitary confinement 
 are very rare, and three institutions which re- 
 ceive boys of the worst type claim to dispense 
 successfully with every form of punishment. In 
 winter museums are visited, illustrated lectures 
 given, and amateur theatricals organised. One 
 school gives the boys leave to go home during 
 the agricultural season, so that they can practise 
 what they have learnt. Thirty-nine per cent of 
 the children are between twelve and fifteen years 
 of age, 34 per cent between sixteen and eighteen. 
 There is no system of assistance or probation 
 after release, nevertheless excellent results are 
 obtained. In 1898 recidivism had sunk to 5 per 
 cent, in 1899 to 4 "41 per cent, and from one 
 
xin EEFOEMATIVE METHODS 197 
 
 "colony" only one boy was re -convicted out 
 of sixty-three discharged. Of the 1429 lads in 
 these schools, 382 were learning shoemaking, 
 352 carpentry, 254 agriculture, and the rest 
 locksmith's or wheelwright's work, bookbinding, 
 tailoring, etc. At one institution the hours were 
 eight of manual labour and four in class daily. 
 
 In 1899 over 5000 youthful offenders were 
 imprisoned, 3700 in gaols with special sections, 
 the remainder in common prisons. Of all these 
 only 1400 were taught a trade; the rest were 
 left unoccupied. 
 
 The chief features of the laws which came into 
 force in Holland ^ at the close of last year are the 
 complete forfeiture of their rights by unworthy 
 parents, and the abolition of imprisonment for 
 all children under eighteen, unless in the case of 
 those over sixteen whom the judge may consider 
 fully matured. Only children over fourteen may 
 be committed to a Eeformatory for a first offence. 
 The weak point of the system is the shortness of 
 the period of detention, which is limited to a 
 general minimum of one month and maximum 
 of six months or a year, according as the culprit 
 is over or under fourteen. Juveniles guilty of 
 
 1 See Appendix, p. 279. 
 
198 THE MAKING OF THE CEIMINAL oh. 
 
 repeated offences of begging, vagrancy, violence, 
 etc., may, notwithstanding, be placed "at the 
 disposition of the Government," and kept in a 
 corrective institution until they are twenty-one, 
 or released conditionally and placed under the 
 supervision of a probation-officer. Some of the 
 institutions belong to the Government, others to 
 private societies ; they are small, containing at 
 most fifty children. By good conduct a boy may 
 rise to a " class of special favours " ; by bad, find 
 himself enrolled in the " class of discipline." 
 The avowed aim of these establishments is to 
 be distinctly punitive without undue repression ; 
 walks, gymnastics, and outdoor games are indulged 
 in. Conditional sentences have been introduced 
 for children apparently requiring less severe treat- 
 ment than actual committal to a school. All 
 juvenile cases are dealt with in private. 
 
 In Switzerland full criminal responsibility 
 begins at sixteen, but, as in Germany, mere 
 vagabonds are committed to agricultural colonies, 
 not prisons, and for vagrancy and minor offences 
 youths of even nineteen are sent to Reforma- 
 tories. Boys are sentenced to them for a definite 
 term, often two years, but if they behave well 
 may be placed out before the expiration of the 
 
XIII KEFOKMATIVE METHODS 199 
 
 time, under liability to he returned in case of 
 backsliding. Members of societies of patronage 
 perform the duties of the probation-officer, often 
 for several years after their discharge. In 
 Lausanne, e.g., one gentleman undertakes the 
 whole of this work. Each canton has its own 
 institution, or joins another in supporting one, 
 so they are necessarily small. Agriculture and 
 industries are taught in the morning ; the after- 
 noon is spent in school. About half of the boys 
 are said to turn out well eventually. 
 
 Colonial conditions are so different that it is 
 perhaps of little practical use to compare the 
 systems in force in our dependencies with our 
 own. Taking Victoria as representative of 
 Australia, we find that the Department for 
 Neglected Children and Reformatory Schools^ 
 places almost entire reliance on the principle of 
 boarding -out. There are six Reformatories for 
 boys, the largest containing an average number 
 of forty -three, the smallest only four. With one 
 exception, they possess large tracts of land and 
 give a general farm training. Magistrates may 
 commit boys to them up to the age of seventeen, or 
 they may be transferred from gaols up to eighteen. 
 
 1 Report of the Lushington Committee, 1896. See Appendi.x, p. 319. 
 
200 THE MAKING OF THE CEIMINAL oh. 
 
 The Inspector -General of Penal Establishments 
 was so satisfied with the results achieved in 
 1904 that he advised the extension of the age 
 of committal to twenty-one years. Children's 
 courts and a system of probation-officers have 
 long existed in some of our colonies. In New 
 South Wales ^ incorrigible lads are "placed for 
 periods varying from six to twelve months in 
 Probationary Farm Homes under the care of 
 experienced farmers, who are paid 10s. a week 
 for each boy, and are required to subject them 
 to corrective treatment and to instruct them in 
 the practical work of the farm. ... The lads 
 are given to understand that their return to 
 ordinary service and the resulting receipt of 
 wages for their labour is concurrent with 
 amendment in their behaviour." In New 
 Zealand, by the Act of 1895, any person under 
 eighteen sentenced to imprisonment may be 
 sent to an Industrial School after or in lieu of 
 imprisonment ; and in South Australia destitute, 
 neglected, uncontrollable, or criminal children up 
 to eighteen come under the care of the State 
 Children's Council.^ 
 
 ' N.S. Wales State Children Relief Board Eeport, 1902. 
 ^ Journal of the Soyal Statistical Society, June 1900. 
 
xiii EEFOEMATIVE METHODS 201 
 
 In Canada ^- (Ontario) juvenile offenders under 
 sixteen are referred to the State Department for 
 Neglected andDependent Children, acting through 
 thirty Children's Aid Societies, under a super- 
 intendent receiving a Government salary. The 
 Societies, when possible, place the children in 
 families, and indeed have not enough children to 
 meet the demand. They also assist boys of sixteen 
 to eighteen in finding homes and work. There are 
 four Industrial Schools, built on the cottage 
 system, in Ontario : those for boys containing 
 respectively 200 and 90. The Government pays 
 $1.75 and the municipalities $1.25 a week for 
 each pupil. Children from ten to sixteen are 
 committed to these institutions without definite 
 sentences, " the school exercising powers of 
 guardianship until twenty-one, but paroUing 
 the boy or girl within three years." Printing, 
 shoemaking, tailoring, gardening, and farm-work 
 are taught. Of eighty boys paroUed from the 
 Reformatory nearly two years ago, only three 
 have since been sent to prison. 
 
 1 Report, Neglected aiid Dependent Children of Ontario, 1905. J. J. 
 Kelso, "Laws affecting Children." Toronto, 1904. See Appendix, 
 p. 317. 
 
CHAPTER XIV 
 
 METHODS OF TREATMENT OF JUVENILE 
 OFFENDERS IN ENGLAND, 1756-1906 
 
 That present conditions may be seen in their 
 relation to the past as belonging to a movement 
 still in progress, we will conclude by sketching 
 the history of the treatment of youthful offenders 
 in England. 
 
 The first organised attempt to deal with 
 troublesome boys began in 1756 with the 
 founding of the Marine Society ^ for the purpose 
 of clothing " landmen and boys for the use of 
 the King's ships, that the merchants might 
 have so many the more to navigate their own," 
 and as "an expedient to provide for poor boys 
 who might become a nuisance." " The filthiness 
 of landmen's garments has in past times created 
 
 ' The Origin, Progress, and Present State of the Marine Society, 
 1770. General State of the Marine Society, 1845. 
 
 202 
 
OH. XIV JUVENILE OFFENDEES 203 
 
 a morbific air in ships, and there can be no doubt 
 but that the same is applicable to the filth and 
 rags of poor boys." The Society was generously 
 supported by the King, City Companies, and 
 private subscribers, and between 1756 and 1762 
 5451 young men and 4787 boys were clothed 
 and sent to sea at a cost of over £22,000. 
 Among the assisted were " boys whose parts 
 have been wrong cast, being so contrary to their 
 genius that they are more inclined to hazard 
 their necks than to live a sedentary life. Of 
 this class there is no inconsiderable number." 
 They were washed on the Society's premises, 
 cured of diseases, and with their own consent 
 inoculated for smallpox, clothed, and sent on 
 board the ships specially recommended to the 
 care of commanders. The ofiicers were exhorted 
 to take an interest in their material and spiritual 
 welfare, and to " act the part of a father " 
 to them, and printed instructions for their 
 behaviour, including prayers for daily use, 
 were supplied to the boys themselves. In 
 1786 a training-ship was started, of which the 
 Warspite is the modern representative. Up to 
 1844, 46,408 boys between the ages of thirteen 
 and seventeen were fitted out and sent to sea. 
 
204 THE MAKING OF THE CEIMINAL oh. 
 
 In 1788 the Philanthropic Society^ was 
 founded " for the protection of poor children 
 and the offspring of convicted felons, and the 
 reformation of children who have themselves 
 been engaged in criminal practices." It began 
 by boarding out in three or four cottages at 
 Hackney parties of twelve children, that they 
 might " learn the happiness and benefit of 
 home," but in 1792 moved its quarters to 
 Southwark and dropped the " family " system. 
 In 1806 it was incorporated by Act of Parlia- 
 ment ; in 1849 the present excellent Farm 
 School was established at Kedhill. 
 
 In spite of the alarming increase in juvenile 
 crime and these examples of private effort, it 
 was long before the Government made any 
 attempt to deal with the problem. Pitt brought 
 in a Bill in 1793 to provide a kind of industrial 
 school, but it did not pass.^ The treatment of 
 youthful offenders a century ago in its cruelty 
 and folly almost surpasses belief; it is perhaps 
 not improbable that our present methods may 
 seem nearly as incredible a hundred years hence. 
 
 1 The Philanthropic Society : Centenary Report, 1888. 
 ^ The Nineteenth Century,' January 1901. " Hooliganism, " John 
 Trevarthen. 
 
XIV JUVENILE OFFENDEES 205 
 
 The children, as was natural, richly revenged 
 themselves on society for its treatment of them. 
 In London alone there were 200 juvenile " flash- 
 houses " frequented by 6000 boys and girls. 
 Every form of theft, including highway -robbery 
 (for which boys of twelve and fourteen were 
 hanged when caught), was practised by them, 
 and the thirteen-year-old captain of one gang, 
 a young desperado armed with pistols, sometimes 
 gained £100 in a week.-' Boys of six or seven 
 were committed to prison, not only for proved 
 ofiiences, but, often innocent, to await trial, and 
 after associating with scoundrels of every age 
 were discharged, almost inevitably to return. 
 Parliamentary inquiries, held in 1811 and 1819, 
 condemned the imprisonment of young children, 
 but to no purpose. In 1818 eleven small 
 children were counted on one day in the over- 
 crowded and filthy gaol at Bristol ; in 1833 
 a boy of nine was sentenced to death, though not 
 executed, for stealing twopennyworth of paint 
 through a shop-window. A boy of sixteen was 
 imprisoned for seventy-one days and then sent to 
 hard labour for two years for stealing some suet ; 
 two boys of fifteen, after fifty-one days in gaol 
 
 1 Major Arthur Griffiths, The Chronicles of Newgate, 1884. 
 
206 THE MAKING OF THE CEIMINAL ch. 
 
 before trial, were transported for seven years for 
 stealing a pair of boots. ^ In 1816 a Society had 
 been founded to investigate the causes of the 
 alarming increase of juvenile delinquency, to 
 inquire into the individual cases of convicted 
 children, and help them on release, so that their 
 relapse into crime might be prevented. The 
 members drew up a list of 700 friends of boys in 
 Newgate and visited and tried to reform them. 
 The foundation of a special prison was discussed, 
 but nothing came of it. Another institution, the 
 Eefuge for the Destitute, took boys and girls on 
 their discharge, taught them trades, and tried to 
 give them a start. At Newgate boys fared 
 better than in most prisons, for the chaplain 
 took great interest in them, established a school, 
 succeeded in having the most promising lads 
 transferred to the care of the Philanthropic 
 Society, and, finally, in keeping all the boys 
 apart from the men and classified in four 
 separate rooms. '^ And in 1817 Elizabeth Fry 
 started a school there for the prisoners under 
 twenty-five. 
 
 In 1835 one of the first Inspectors of Prisons 
 was appointed in the person of a Mr. Crawford, 
 
 ^ Report qf Commissioners, 1836. ^ The Chronicles of Newgate. 
 
XIV JUVENILE OFFENDERS 207 
 
 who had specially devoted his attention to juve- 
 niles and to the Philanthropic Society. Royal 
 Commissions sat in 1834, 1835, and 1836, and 
 in 1837 the more summary treatment of children 
 was recommended " for the safety of the king- 
 dom." At last in that year the Government 
 took the step of allotting Parkhurst Prison to 
 boys under eighteen, acknowledging that as the 
 age up to which their treatment should be differ- 
 entiated from that of adults. As soon as their 
 conduct was good enough they were sent to 
 Australia with a ticket-of-leave, but they gener- 
 ally remained at Parkhurst at least two years. 
 Unfortunately, although school instruction, out- 
 door labour, and religious teaching were pro- 
 vided, the place remained a thorough prison, 
 and its inmates wore irons and were guarded by 
 armed sentries. Even boys under fourteen were 
 invariably confined alone in the." probationary " 
 ward for four months after arrival " to induce 
 them to reflect," whilst those in the " refractory " 
 class were fed only on gruel, bread, potatoes, and 
 seven pints weekly of the liquor in which meat 
 had been boiled. This diet caused " an increase 
 of weight, accompanied with a marked change in 
 appearance, they becoming pallid and bloated." 
 
208 THE MAKING OF THE CEIMINAL ch. 
 
 This horrible statement is made without criticism 
 or comment in the Report for 1851. The prison 
 was finally closed in 1864. 
 
 The modern system of Industrial Schools sup- 
 ported by the Government but ■ voluntary in 
 origin began in 1838, when the Home Secretary 
 was empowered to pardon boys sentenced to 
 transportation or long periods of imprisonment, 
 provided they were handed over to the care of 
 schools specially existing to deal with such chil- 
 dren, the Treasury to contribute to their support. 
 
 But the practice of committing children to 
 ordinary prisons still continued with all its 
 abuses. In 1845, at Millbank, a boy of ten was 
 confined for three days in a dark dungeon with 
 boards, one rug and one blanket for his bed, and 
 one pound of bread and two pints of water 
 for his daily food. He died in the prison five 
 weeks later. Three boys were put on bread and 
 water for seven days, for the irreverent proceed- 
 ing of reading their Bibles during the sermon. 
 In 1846 a well-educated prisoner reports : "Ee- 
 mand-wards are hotbeds of crime. During my 
 stay fifteen or sixteen boys, varying in age from 
 eight to fifteen years, passed through. . . . 
 Throughout the whole day these boys were 
 
XIV JUVENILE OFFENDERS 209 
 
 associated with men who had been in nearly 
 every prison in London . . . two-thirds when 
 brought up for examination a second time were 
 acquitted," and he describes how a child of seven 
 was sneered out of his tears and taught to pick 
 pockets, so that in a short time he was romping 
 merrily. 
 
 In 1843 the Home Secretary suggested to 
 the Philanthropic Society and Refuge for the 
 Destitute the establishment of a central Eeform- 
 atory subsidised by G-overnment, but nothing 
 was done. In 1846 the Committee of Council 
 on Education offered grants for industrial 
 training, and of these the Societies' schools 
 availed themselves till they came under the 
 control of the Home Office fourteen years 
 later. ^ The Committee in vain recommended 
 the expenditure of £5000 on a model penal 
 school. In the same year a Bill was brought in 
 for the establishment of Reformatory Schools, 
 but was rejected on grounds of practical detail. 
 In 1851 a conference was held at Birmingham, 
 " which may be said to have been the first im- 
 portant instrument for practically concentrating 
 
 1 Graham Balfour, The Ediicational Systems of Great Britain and 
 Ireland, 1903. 
 
210 THE MAKING OF THE CRIMINAL ch. 
 
 and exciting public attention on the question 
 liow juvenile criminals should be dealt with, and 
 for combining the hitherto scattered forces of 
 the advocates for legislative action."^ It re- 
 sulted in the establishment of several new 
 voluntary schools and the encouragement of 
 fresh efforts within Parliament, and finally in 
 1854 the first Eeformatory Act (17 & 18 Vict, 
 c. 86) was passed, enabling schools to obtain a 
 certificate if reported efficient by the Inspector 
 of Prisons, and authorising the Courts to send 
 to them children under sixteen, provided they 
 had been sentenced to not less than fourteen 
 days' preliminary imprisonment. The Treasury 
 was to defray the cost, and parents might be 
 forced to contribute up to 5s. a week. Commit- 
 ment was to be for not less than two or more 
 than five years ; a child who absconded or re- 
 fused to conform to rules might be sent to gaol 
 for a period not exceeding three months. The 
 first Industrial School so called was established 
 by the Middlesex Justices at Feltham by a 
 private Act in 1854 ; it admitted only convicted 
 children between seven and fourteen years of 
 age, and was thus rather a Eeformatory than 
 
 1 Mr. Sydney Turner's Report, 1876. 
 
XIV JUVENILE OFFENDERS 211 
 
 an Industrial School, except in point of age. 
 In 1857 the Quarter Sessions and Town Councils 
 were empowered to contribute to the Schools, 
 and the Act^ declared it expedient that more 
 extensive use should be made of them, and that 
 the responsibility of parents should be enforced 
 by making them pay up to 3s. a week for main- 
 tenance. A child between seven and fourteen 
 convicted of vagrancy might be committed to 
 an Industrial School unless the parents gave 
 security for his behaviour, in which case he could 
 not be detained. But if after assurance given 
 the child were brought up on a similar charge 
 within the specified period, a fine might be inflicted 
 if the act of vagrancy was due to the parents' 
 neglect. If the child had been committed to a 
 School, he might be discharged from it at any 
 time provided the parents could satisfy the 
 Justices that suitable employment had been 
 found, or that other sufficient cause existed. 
 He could in no case be kept there beyond the 
 age of fifteen, save with his own consent. 
 Power was granted to managers to release boys 
 on license after at least half their sentence 
 had been served, and the first Inspector was 
 
 1 20 & 21 Vict. c. 48. 
 
212 THE MAKING OF THE CEIMINAL oh. 
 
 appointed. Between 1854 and 1857 forty-four 
 schools had been certified.^ 
 
 In 1861 the classes of children who were to 
 be sent to Industrial Schools were enlarged, so 
 as to include practically all who may be sent to 
 them under the present system.^ Children who 
 had been convicted of felony were disqualified, 
 whilst children under twelve charged with 
 ofi'ences, and children under fourteen found 
 begging, wandering, frequenting the company 
 of thieves, or declared uncontrollable by their 
 parents, became eligible, in the latter case the 
 parents being obliged to defray the whole cost. 
 The sum chargeable to them in ordinary circum- 
 stances was raised to 5s. 
 
 The Eeformatory and Industrial Schools Acts 
 of 1866 ' consolidated and amended the previous 
 Acts, and are substantially still in force. An 
 inspector was permanently appointed, and allowed 
 an assistant ; every School was to be inspected at 
 least once a year. The prison authorities, with 
 the approval of the Secretary of State, were 
 empowered to contribute towards the building 
 and maintenance of such institutions. Youthful 
 
 ^ Graham Balfour. ^ Lushington Report, 1896. 
 
 3 29 & 30 Vict. 0. 117, 118. 
 
XIV JUVENILE OFFENDEES 213 
 
 offenders under sixteen convicted of an offence 
 punishable with penal servitude or imprisonment, 
 and sentenced to prison for ten days or longer, 
 might be sent to a Certified Eeformatory School 
 for a period of not less than two or more than 
 five years ; but a child under ten was no longer 
 to be sent to a Reformatory, unless under certain 
 conditions. By Section 14 — 
 
 Any person may bring before two Justices or a 
 Magistrate any Child apparently under the age of 
 fourteen years. . . . 
 
 That is found Begging or receiving Alms (whether 
 actually or under the Pretext of selling or offering 
 for Sale any Thing), or being in any Street or public 
 Place for the purpose of so Begging or receiving Alms. 
 
 That is found wandering and not having any Home 
 or settled Place of Abode or proper Guardianship or 
 visible Means of Subsistence. 
 
 That is found destitute, either being an Orphan or 
 having a surviving Parent who is undergoing Penal 
 Servitude or Imprisonment. 
 
 That frequents the Company of reputed Thieves. 
 
 The Justices or Magistrate before whom a Child is 
 brought as coming within one of these Descriptions, 
 if satisfied on Inquiry of that Fact, and that it is 
 expedient to deal with him under this Act, may order 
 him to be sent to a Certified Industrial School. 
 
214 THE MAKING OF THE CEIMINAL ch. 
 
 The sentence was to specify the period of 
 detention, its limit without the child's consent 
 being raised to sixteen. Eefractory children 
 might be sent from workhouses. The managers 
 of an Industrial School might permit a child " to 
 lodge at the dwelling of his Parent or of any- 
 trustworthy and respectable Person, so that the 
 Managers teach, train, clothe and feed the Child 
 in the School as if he were lodging in the School 
 itself" And after eighteen months' detention 
 boys might be released on license, renewable 
 every three months, and the managers of the 
 School might, with their own consent, apprentice 
 them to any trade. A child over ten who 
 refused to conform to rules might be imprisoned 
 for not less than fourteen days or more than 
 three months, and then sent to a Eeformatory. 
 The difference between Eeformatory and Indus- 
 trial Schools, as determined by the Act of 1866, 
 is that the former are for actual, the latter for 
 potential delinquents, and that the Eeformatories 
 contain children on an average three years older 
 than the Industrial Schools.^ 
 
 In 1870 it was enacted by the Elementary 
 Education Act (33 & 34 Vict. c. 75) that " a 
 
 ^ Inspector's Eeport, 1900. 
 
XIV JUVENILE OEEENDEES 215 
 
 School Board shall have the same power of con- 
 tributing money in the case of an Industrial 
 School as is given to a Prison authority," 
 and that with the consent of the Education 
 Department it might establish, build, and main- 
 tain such a School. In 1900 the School Boards 
 had ten Industrial Schools, all the English Day 
 Industrial Schools but one, and all the Truant 
 Schools.^ The Prevention of Crimes Act of 
 1871 added to the list of those eligible for 
 Industrial Schools the children under fourteen of 
 women twice convicted of crime. The Elemen- 
 tary Education Act of 1876 increased the number 
 of children sent to them by making it obligatory 
 on the School authorities to enforce the Act, 
 unless in any individual case they considered it 
 inexpedient to do so. Day Industrial Schools 
 were established for children whose education 
 was neglected by their parents, or who were 
 found wandering and in bad company. A child 
 who without cause fails to attend an ordinary 
 school may be sent to a Day Industrial School, 
 or if none be available, to any Certified Indus- 
 trial School, the managers having power to 
 release him on license after one instead of after 
 
 ' Graham Balfour. 
 
216 THE MAKING OF THE CEIMINAL ch. 
 
 eighteen months. The parent is liable up to 2s. 
 a week. The Schools resemble ordinary Elemen- 
 tary Schools, except that simple industrial em- 
 ployment is added to the school work, and that 
 the children are at once sent for if they fail to 
 come, and on their arrival are washed. The 
 hours are of course longer, the Schools not 
 closing till 6 P.M. Attendance generally con- 
 tinues for about two years. " The system is non- 
 punitive, and the object is to make the children 
 as happy as possible."'^ Truant Schools have not 
 been specially provided by an Act, but before 
 the Law are ordinary Industrial Schools. Their 
 distinctive feature is a brief period of detention, 
 not exceeding three months on a first or six 
 months on any subsequent commitment, under 
 very strict discipline, maintained, however, " not 
 only by punishment but by a well - considered 
 system of encouragements." 
 
 In 1891 a short Act was passed "to assist 
 the managers of Eeformatory and Industrial 
 Schools in advantageously launching into useful 
 careers the children under their charge." The 
 Act of 1893 (56 & 57 Vict. c. 48) introduced 
 considerable changes. The minimum age of 
 
 ^ Lushington Report, p. 125. 
 
XIV JUVENILE OFFENDEES 217 
 
 admission for children not previously convicted 
 was raised to twelve, the minimum term of 
 detention raised to three years, and the age at 
 which release was obligatory reduced from 
 twenty-one to nineteen. Most important was 
 the permission granted to Courts to send boys 
 to Reformatory Schools without previous im- 
 prisonment, a provision which in 1899 (62 & 
 63 Vict. c. 12) became a command. The Youth- 
 ful Offenders Act of 1901 is mainly concerned 
 with the liability of parents. 
 
 The following figures^ show at a glance 
 something of the progressive reasonableness in 
 the treatment of children — 
 
 In 1856 there were 13,981 commitments to 
 prison of children under seventeen (of 
 whom 1990 were under twelve) 
 
 „ 1860 there were 8029. 
 
 „ 1887 „ „ 4924. 
 
 „ 1897 „ „ 1688. 
 
 As to the work of the Schools, it is clear 
 from the Report of the Lushington Commission 
 that as recently as 1896 the industrial training 
 left much to be desired, and that it was often 
 
 1 The Nineteenth Century, January 1901. 
 
218 THE MAKING OF THE CEIMHSTAL ch. 
 
 directed rather to the profit of the School, or to 
 the supposed moral reformation of the boy, than 
 to the essential end of enabling him to earn good 
 wages from the moment of discharge. Very great 
 improvement has since been made, and the chief 
 things now aimed at are " the acquisition of the 
 workman's touch, the art of handling tools, an 
 understanding of the materials, and a capacity 
 to plan as well as to execute." EjBforts are 
 directed to make the children understand the 
 theory of what they are practising, and " the 
 value of drawing, for example, as the basis of 
 technical education, is now generally recognised." 
 How rapid progress has been in the last ten 
 years may be seen if we take the teaching of 
 carpentry. In 1897 it hardly existed as a 
 subject; " in 1901, thirty-eight schools had organ- 
 ised systems of wood-working, while by the end 
 of 1905 there were nearly a hundred ... in 
 this position." ■' In these matters, however, there 
 is still much to be learnt from other countries. 
 
 The boys who enter Industrial and Eeforma- 
 tory Schools are handicapped by nature, by the 
 want of early training and decent home life, and 
 by the prejudice which often in popular opinion 
 
 ^ Catalogue of Home Office Schools SxMMtion, Liverpool, 1906. 
 
XIV JUVENILE OFFENDEES 219 
 
 attaches to them. The central aim of correc- 
 tional training must therefore be to equalise the 
 balance by making them better, keener, more 
 skilful workers than they could have become if 
 left at liberty. To deprive a boy, practically for 
 no fault of his own, of freedom during the years 
 which should be the happiest of his life, is in 
 itself the assumption of a responsibility which 
 can only be justified by the fullest compensation 
 in the shape of equipment for the future. Under 
 the economic conditions obtaining in England, 
 this equipment could hardly be supplied in any 
 other way than through the medium of such 
 schools. In the face of keen competition and 
 the constant menace to a man of being forced to 
 join the unemployed, the becoming an eflicient 
 and skilled workman must stand before every 
 consideration. The inducements to criminality 
 are great for any boy or man who has to live 
 on the verge of starvation ; ^ for one who has 
 been sent to an institution because he had a 
 neglected childhood the danger of falling is still 
 
 ' " The working classes, badly housed, badly nourished, vegetate 
 at the mercy of eoonomio crises. The worker is always on the 
 borders of vagabondage ; the vagabond is always on the borders of 
 crime. The entire working classes are thus exposed in the first line, 
 and whether it is a question of disease or of crime, it is they who 
 succumb first." — Professor Prins, quoted by Havelock Ellis. 
 
220 THE MAKING OF THE CEIMINAL ch. 
 
 greater. To furnish him with the ability always 
 to command a good wage in the labour market, 
 so that no hereditary or constitutional taint 
 of sloth and vice may reappear and flourish 
 in the congenial atmosphere of idleness, is the 
 greatest kindness and the greatest safeguard, 
 and our " Home Office Schools " may be proud 
 of their success in this direction. Nevertheless, 
 they must not stand still, nor be too satisfied 
 with the position they have already attained, 
 but steadily watch and constantly adapt them- 
 selves to the conditions of labour outside. It is 
 of little use to teach boys to make by hand 
 things which are always made by machinery, or 
 to keep them for years at some branch of work 
 in which they have nothing further, in the 
 School at any rate, to learn. They may make, 
 for instance, pair after pair of clumsy boots and 
 suit after suit of ugly clothes for themselves and 
 their fellows without becoming any the more 
 fit to enter good bootmakers' or tailors' shops on 
 their discharge. Nor can such work arouse 
 interest, give play to originality, or develop that 
 affection for and pride in his craft which is 
 essential to the good workman. 
 
 We have at present reached but a half-way 
 
XIV JUVENILE OFFENDEES 221 
 
 house on the journey towards the' right treat- 
 ment of youthful dehnquency, and must not for 
 a moment regard any part of our system as per- 
 fect and final. For the movement which began 
 with the foundation of the Marine Society will, 
 we may hope, travel as far in the twentieth 
 century as in the nineteenth. Just as the 
 Reformatory and Industrial School system had 
 its birth in voluntary effort alone, so now private 
 work points the way to further legislation. The 
 greatest advance in the treatment of young 
 ofi"enders since the Act of 1866 is seen in the 
 founding of the Borstal Association, and the 
 co-operation with it of the authorities which 
 began in 1902. This system, however, only 
 touches a limited class, and that the worst, of 
 lads between sixteen and twenty-one, whilst, as 
 we have tried to show, and as all who have any 
 experience agree, the most pressing necessity at 
 the present time is an alteration in our methods 
 of dealing with the great mass of the youths who 
 visit our prisons. Some such system as that we 
 have indicated in Chapter IX. would do much to 
 cut off the supply of criminals at its source. 
 
 In conclusion, the remedies we have suggested 
 are in themselves, we feel confident, thoroughly 
 
222 THE MAKING OF THE CEIMINAL ch. 
 
 sound and effective, but if there is soon, as 
 seems probable, to be an attempt at legislation 
 in this direction, a re -adjustment of thought 
 concerning the material to be dealt with is in 
 many minds essential, whilst the spirit in which 
 the law is administered must be altered as well 
 as the law itself It is vain to plead that this is 
 a matter only for experts ; experts must examine 
 and state the case, but, as it seems almost too 
 elementary to remark, any alteration in the law 
 must represent the general will. That is why 
 we have aimed at awakening a wider, a more 
 " popular " interest. 
 
 In certain cases crime may be the expression 
 of a form of mental disease ; in the majority its 
 origins must not be sought in the individual, but 
 in the conditions in which he is placed. Hence it 
 can be only the most shallow view that sees in the 
 young criminal merely a bad thing to be repressed, 
 and it is unjust to be content to say it is all his 
 own fault, and that he ought to know better. 
 " Legitimate desires, illegitimately gratified, ex- 
 presses comprehensively the common cause of the 
 crimes of youthful criminals." ^ We all know 
 that there are children who from an early age 
 
 1 Elmira Fear-Book, 1892. 
 
XIV JUVENILE OFFENDEES 223 
 
 refuse to conform to the customs and regulations 
 of the community in which they live. And 
 it is a truism to say that the development of 
 the race is reproduced to some extent in that 
 of the individual, so that the boy has in him 
 many of the instincts — good enough instincts in 
 themselves — of the savage, which necessarily 
 bring him into conflict with the civilisation to 
 which he has to adapt himself Whilst in the 
 normal child these forces from the past are but 
 an under-current, an actual reversion to the type 
 of an uncivilised or less civilised state of society, 
 finding expression in the anti-social temperament, 
 is as common among the rich as among the poor. 
 A fair proportion of Public School boys, e.g. , con- 
 stantly endeavour to resist the rules by which, 
 for the common good, they are bound. But posi- 
 tion, circumstances, the watchful care and control 
 of parents and schoolmasters — in a word, environ- 
 ment — protect the children of the well-to-do 
 from themselves, and train their social instincts. 
 The children of the poor, on the other hand, too 
 often grow up without guidance or restraint, amid 
 surroundings which actually favour the develop- 
 ment of disorderly tendencies. We are far from 
 wishing to condone the misdeeds of the really 
 
224 THE MAKING OF THE CEIMINAL ch. 
 
 criminal — on the contrary, as we have explained, 
 we would see them more severely though more 
 rationally punished — severely punished not 
 merely for the protection of Society, certainly 
 not in a spirit of revenge, but because whatever 
 is likely to tend to their reformation is not only 
 the greatest kindness but the barest justice to 
 them. How little many of these poor fellows 
 are ultimately responsible for their sins has 
 been revealed, for example, in Germany, by the 
 statistics collected in connection with the work- 
 ing of the Law of 1901. One or both parents 
 of on an average, 45 per cent of the young people 
 to whom it applies, are found to have suffered 
 conviction, whilst the homes of 30 per cent have 
 been ruined by drink or immorality. The actual 
 breaking of the law is indeed often only a 
 symptom of deep-rooted evil ; the neglected child 
 is a potential criminal; the criminal has frequently 
 been a neglected child, still more frequently a 
 neglected youth in those critical formative years 
 that precede his majority. Neglect by parents 
 is most culpable, but it is often due to ignorance, 
 poverty, misfortune, circumstances in general for 
 which some excuse may be found in the hardness 
 of their lot. For neglect by the State there is 
 
XIV JUVENILE OFFENDEES 225 
 
 no excuse. Theories of punishment have altered, 
 other countries have adapted their treatment to 
 the new principles and methods; in England, 
 owing to private initiative, they have to a small 
 extent been tried with marked success. It is no 
 slight responsibility to continue for a year or a 
 month longer than is necessary the old, foolish 
 treatment, with blind — wilfully blind — eyes 
 turned to the light. 
 
 It may be argued that the race in pursuing its 
 higher purposes must inevitably leave a certain 
 amount of waste, for the higher the standard set 
 the more difficult for the rank and file to follow, 
 the more inexorable the doom of those who " fall 
 out." But the waste material must not be tossed 
 aside recklessly — the grain among the chaff — and 
 we must look to it that it is as small, as con- 
 siderately and wisely dealt with as may be. 
 Granted that there must be a criminal element 
 in Society, let it at least consist only of those 
 who, by heredity, mental weakness, and general 
 constitution, are predisposed to crime. We have, 
 said that there is no excuse for neglect by the 
 State ; what is the State in this relation but an 
 aggregate of individuals ? Let us realise that 
 it is a matter which affects us all, not merely, to 
 
226 THE MAKING OF THE CEIMINAL on. xiv 
 
 put it on its lowest grounds, practically, through 
 the rates, but ethically. If Society, whether in 
 pursuit of high ends or low, is responsible for the 
 conditions which produce and perpetuate the 
 criminal, as a member of that Society each 
 individual shares the responsibility, and if he 
 shirk it, if he neglect to recognise it, is in his 
 measure no less guilty than the " criminal " he 
 so lightly creates, so lightly condemns. Once 
 again, what is above all wanted in dealing with 
 youthful offenders is more thought and interest, 
 more sympathy and consideration, more reason 
 and consistency. Try to relieve their troubles, 
 make it easier for them to do right, endow them 
 with health and strength and ability to work, 
 teach them self-respect, encourage them, make 
 them feel that you approach them, not in the 
 spirit of repression and revenge which the pre- 
 sent system reflects, but with kindly anxiety for 
 their welfare. Then their numbers will appre- 
 ciably decrease. 
 
APPENDIX 
 
 227 
 
FEANCE 
 
 Loi DE 18501 
 
 I. Lbs mineurs des deux sexes detenus h raison de 
 crimes, d61its, contraventions aux lois fiscales, ou par voie 
 de correction paternelle, regoivent soit pendant leur deten- 
 tion preventive, soit pendant leur s6jour dans les 6ta- 
 blissements p6nitentiaires, une Education morale, religieuse 
 et professionnelle. 
 
 II. Dans les maisons d'arret et de justice un quartier 
 distinct est affects aux jeunes detenus de toute cat6gorie. 
 
 III. Les jeunes detenus acquitt^s en vertu de Tarticle 
 66 du Code p6nal comme ayant agi sans discernement 
 mais non remis a leurs parents, sont conduits dans 
 une colonie p6nitentiaire ; ils y sont 61ev6s en commun, 
 sous une discipline s6v6re, et appliques aux travaux 
 de I'agriculture ainsi qu'aux principales industries qui 
 s'y rattachent. II est pourvu k leur instruction 
 616mentaire. 
 
 IV. Les 6coles penitentiaires re§oivent 6galement les 
 jeunes detenus condamn^s k un emprisonnement de plus 
 de six mois et qui n'excede pas deux ans. 
 
 Pendant les trois premiers mois, ces jeunes detenus 
 sont renferm6s dans un quartier distinct et appliques a 
 des travaux s6dentaires. 
 
 A I'expiration de ce terme le directeur peut en raison 
 
 ' S. Louis Exhibition, 1904. Section des Enfants soumisji I'educa- 
 tion penitentiaire. 
 
 229 
 
230 THE MAKING OF THE CEIMINAL app. 
 
 de leur bonne conduite, les admettre aux travaux agricoles 
 de la colonie. 
 
 V. Les colonies p6nitentiaires sont des 6tablissements 
 publics ou priv6s. 
 
 IX. Les jeunes detenus des colonies p6nitentiaires 
 peuvent obtenir k titre d'6preuve et sous des conditions 
 d6termin6es par le rfeglement d'administration publique 
 d'etre places provisoirement hors de la colonie. 
 
 X. II est 6tabli una ou plusieurs colonies correc- 
 tionnelles oil sont conduits et 61ev6s : 
 
 (1) les jeunes detenus condamn6s k un emprisonnement 
 de plus de deux ann6es. 
 
 (2) les jeunes detenus des colonies p6nitentiaires qui 
 auront 6t6 d6clar6s insubordonn^s. 
 
 XL Les jeunes detenus des colonies correctionnelles 
 sont pendant les six premiers mois soumis a I'emprisonne- 
 ment et appliqu6s a des travaux s6dentaires. 
 
 A I'expiration de ce terme le direoteur peut en raison 
 de leur bonne conduite les admettre aux travaux agricoles 
 de la colonie. 
 
 XX. Sont a la charge de I'Etat : 
 
 (1) les frais de creation et d'entretien des colonies 
 correctionnelles et des 6tablissements publics servant de 
 colonies et de maisons p6nitentiaires. 
 
 (2) les subventions aux 6tablissements priv6s auxquels 
 de jeunes detenus seront confi^s. 
 
 NoTE.i — La loi du 5 juni 1850 (art. 19) place les jeunes 
 detenus a I'^poque de leur lib6ration sous le patronage de 
 I'assistance publique, pendant trois ans au moins ; mais 
 cette disposition n'a jamais 6t6 appliqu6e. 
 
 Article 66 du Code Pinal 
 
 Lorsque I'accuse aura moins de seize ans, s'il est decide 
 qu'il a agi sans discernement, il sera acquitt6 ; mais il sera, 
 selon les circonstances, remis a ses parents ou conduit 
 
 ' Maurice Block, Dictimmaire de V Administration Franmise, 1905. 
 
API-- FEANCE 231 
 
 dans une maison de correction, pour y etre 61ev6 et detenu 
 pendant tel nombre d'ann^es que le jugement d6terminera 
 et que toutefois ne pourra exc6der I'dpoque ou il aura 
 accompli sa vingtifeme ann6e. 
 
 Enfants moralement abandonn^s, victimes ou cou- 
 PABLES. Lois du 24 juli 1889 et du 19 avril 
 1898 1 
 
 Dichiance de la puissance pateriielle 
 
 III. Les pere et mere et ascendants sont d^chus de 
 plain droit a I'^gard de tous leurs enfants et descendants, 
 de la puissance paternelle et des droits qui s'y rattachent : 
 
 1°. s'ils sont condamn6s pour avoir excit6, favoris6 ou 
 facility la prostitution ou la corruption de leur enfant 
 mineur. 
 
 2°. s'ils sont condamn^s, soit comme auteurs, co-auteurs 
 ou complices d'un crime commis sur la personne d'un 
 ou plusieurs de leurs enfants, soit comme co-auteurs ou 
 complices d'un crime commis par un ou plusieurs de leurs 
 enfants. 
 
 3°. s'ils sont condamn^s deux fois comme auteurs, co- 
 auteurs ou complices d'un d61it commis sur la personne 
 d'un ou plusieurs de leurs enfants. 
 
 4°. s'ils sont condamn^s deux fois pour excitation habitu- 
 elle de mineurs a la d6bauche. 
 
 IV. Peuvent ^tre d6clar6s d6chus des m^mes droits : 
 
 1 . les pere et mfere condamn6s aux travaux forces a per- 
 p6tuit6 ou k temps, ou k la r6clusion comme auteurs, co- 
 auteurs ou complices d'un crime non-politique non compris 
 dans ceux qui entrainent la d6ch6ance de plein droit. 
 
 2°. les pere et mere condamn6s deux fois pour un des 
 faits suivants ; sequestration, suppression, exposition ou 
 abandon d'enfants ou pour vagabondage. 
 
 3°. les p6re et mere condamn6s pour ivresse manifeste, 
 . . . ceux dont les enfants ont 6t6 conduits dans une 
 
 1 Maurice Block, Dictionncdre de V Administration Fran<;aise, 1905. 
 
232 THE MAKING OF THE CEIMINAL app. 
 
 maison de correction, par application de I'article 66 du 
 Code p6nal. 
 
 4°. En dehors de toute condamnation jles pfere et m6re 
 qui par leur ivrognerie habituelle, leur inconduite notoire 
 et scandaleuse ou par de mauvais traitements compro- 
 mettent soit la sant6, soit la s6curit6, soit la morality de 
 leurs enfants. 
 
 5°. A ces cas, pr6vus par la loi de 1889 il faut ajouter 
 celui de I'art. 3 de la loi du 19 avril 1898, parents ayant 
 livr6 leurs enfants de moins de seize ans k des acrobats, 
 saltimbanques, charlatans, montreurs d'animaux ou direc- 
 teurs de cirques ou les ayant plac6s sous la conduite de 
 vagabonds, des gens sans aveu et faisant metier de 
 mendicity. 
 
 7°. Le tribunal qui prononce sur la tutelle, fixe en 
 meme temps le montant de la pension alimentaire due par 
 les parents, ou declare qn'k raison de leur indigence il 
 ne sera exig6 aucune pension. 
 
 Loi sur le Service des Enfants assistes ^ 
 DU 27 JUiN 1904 
 
 Art. V. Sont qualifies enfants . . . plac6s sous la 
 protection ou sous la tutelle de I'assistance publique. 
 2. Le service des enfants assist^s comprend : 
 
 2°. Les enfants en garde . . . 
 
 5. Est dit enfant en garde, I'enfant dont la garde a 6t6 
 confi6e, par les tribunaux, k I'assistance publique. 
 
 11. La protection des enfants de toute cat^gorie et la 
 tutelle des pupilles de I'assistance publique, institutes par 
 la pr6sente loi, sont exerc6es par le pr6fet ou par son 
 d616gu6, I'inspecteur d6partemental. 
 
 Elles sont exerc6es, dans le d^partement de la Seine, 
 par le directeur de I'administration g6n6rale de I'assistance 
 publique de Paris. 
 
 ^ Bulletin des Lois de la R4]]ubUque Frangaise, No. 2575. 
 
App. FKANCE 233 
 
 12. Le tuteur est assists d'un conseil de famille, form6 
 par une commission de sept membres, 61us par le conseil 
 g6n6ral et renouvel6s tous les quatre ans. 
 
 Le tuteur ou son d616gu6 assiste aux stances du conseil, 
 il est entendu quand il le demande. 
 
 17. L'enfant r6clam6 par ses parents peut leur etre 
 remis si le tuteur estime, aprfes avis du conseil de famille, 
 que la remise est dans I'intirSt de l'enfant. L'administra- 
 tion pourra, en outre, autoriser des remises d'essai durant 
 lesquelles sa surveillance continuera k s'exercer pendant 
 un an au moins ; k I'expiration de ce d61ai, la remise 
 deviendra definitive. 
 
 Les parents devront rembourser, en une seule fois ou 
 par versements mensuels 6clielonn6s sur une ou plusieurs 
 ann6es, la depense faite pour I'entretien de leur enfant, 
 a moins que la commission d6partementale ou, dans le 
 d6partement de la Seine, une delegation du conseil 
 g(5n6ral, ne les exonere en tout ou partie. 
 
 21. Les pupilles §,g6s de moins de treize ans sont, sauf 
 exception, confies a des families habitant la campagne. 
 
 22. Le lieu de placement du pupille reste secret, sauf 
 decision du prefet prise dans Tint^rSt de l'enfant. La 
 mere et la personne qui ont pr6sent6 l'enfant peuvent gtre 
 renseign6es a des 6poques fixes sur I'existence ou la mort 
 de celui-ci. 
 
 26. Le pupille ... est mis en apprentissage, de pre- 
 ference dans les professions agricoles ; il est pourvu d'un 
 trousseau ; un contrat 6crit . . . determine les conditions 
 du placement. . . . 
 
 27. Tout pupille de I'assistance ... est I'objet d'une 
 surveillance qu'exercent les inspecteurs et les sous- 
 inspecteurs de I'assistance publique. Les visites ont lieu 
 a domicile. 
 
 35. Le directeur de I'assistance publique a Paris exerce 
 les attributions qui lui sont conf6r6es par I'article 11 de 
 la pr6sente loi, au moyen d'agents que le pr6fet de la 
 Seine nomme sur la proposition du directeur. Chaque 
 
234 THE MAKING OF THE CRIMINAL app. 
 
 agent reside dans la circonscription ou sont plac6s les 
 pupilles dont la surveillance lui est confi6e. 
 
 Le pr6fet de la Seine contrdle le service des agents 
 susvis6s, au moyen d'inspecteurs que nomme le ministre 
 de rint6rieur. 
 
 38. Le p^re, la mere et les ascendants d'un pupille de 
 I'assistance ou d'un enfant dont I'administration a la garde 
 restent tenus, envers lui, de la dette alimentaire. 
 
 LOI RELATIVE A L'EdUCATION DES PUPILLES DE L' ASSIS- 
 TANCE PUBLIQUB DIFFICILES OU VICIBUX DU 28 
 
 JUIN 1904 
 
 Art. 1°'. Les pupilles de I'assistance publique qui, a 
 raison de leur indiscipline ou de leurs d^fauts de caractere, 
 ne peuvent pas Stre confi6s k des families, sont places, par 
 decision du pr6fet, sur le rapport de I'inspecteur d6parte- 
 mental, dans une 6cole professionnelle. 
 
 Les 6coles professionnelles, agricoles ou industrielles, 
 sont des ^tablissements d^partementaux ou des 6tablisse- 
 ments priv6s. 
 
 Les associations de bienfaisance et les 6tablissements 
 priv6s, qui voudront gtre autoris6s a recevoir et k 61ever 
 des pupilles de I'assistance, devront en faire la demande 
 au ministre de I'int^rieur et soumettre a son approbation 
 leurs statuts, reglements et locaux. 
 
 Chaque ann6e le ministre de I'int^rieur arretera la liste 
 des ^tablissements autorises k recevoir et k 61ever des 
 pupilles de I'assistance. 
 
 Un reglement d'administration publique, rendu dans le 
 delai d'un an, a partir de la promulgation de la pr6sente 
 loi, d6terminera les mesures propres k assurer le place- 
 ment provisoire ou d6finitif, la surveillance, l'6ducation 
 morale et professionnelle des pupilles places dans les 
 6tablissements d6partementaux ou priv6s, ainsi que le 
 patronage de ces pupilles k la fin de leur placement. 
 
 2. Lorsqu'un pupille de I'assistance, par des actes 
 d'immoralit6, de violence ou de cruaut6, donne des sujets 
 
App. FEANCE 235 
 
 de m6contentement tres graves, le tribunal civil peut, sur 
 le rapport de I'inspecteur des enfants assist^s et sur la 
 demande du pr6fet dans les d6partements, ou du directeur 
 de I'assistance publique de Paris dans la Seine, decider, 
 sans frais, qu'il sera confi6 a I'administration p6nitentiaire. 
 L'administration p6nitentiaire le recevra dans un de 
 ses 6tablissements ou quartiers d'observation et Vy main- 
 tiendra jusqu'a ce que les renseignements recueillis et le 
 r^sultat de I'observation permettent de decider s'il doit 
 6tre plac6 dans une colonie ou maison p6nitentiaire ou 
 dans une colonie correctionnelle. 
 
 3. Ohaque d6partement, faute d'avoir un 6tablissement 
 public destine k recevoir les pupilles de I'assistance vis6s 
 k I'article 1" de la pr6sente loi, est tenu, dans un d^lai de 
 trois ans, de traiter, a cet effet, soit avec un 6tablissement 
 public d'un autre departement, soit avec un 6tablissement 
 priv6 autoris6 par le ministre de I'int^rieur. 
 
 Deux ou plusieurs d6partements peuvent creer ou 
 entretenir a frais communs une 6cole professionnelle de 
 pupilles. 
 
 4. L'Etat contribue aux d6penses faites, par les d^parte- 
 ments, pour I'^tablissement d'6coles professionnelles de 
 pupilles dans la proportion de moitie. . . . 
 
 Maurice Block, " Dictionnairb de l' Administration 
 Franqaise," 1905, RfeiME Penitentiaire. VI. 
 Education correctionnelle 
 
 90. ... II faut qu'un jeune detenu soit foncierement 
 pervers pour Stre gard6 jusqu'au jour fix6 pour sa lib6ra- 
 tion definitive ; pour peu qu'il veuille bien faire, il est, 
 apres deux ou trois ans d'^ducation, liber6 provisoirement 
 et rendu k ses parents : en cas d'indignit6 de ceux-ci, il 
 est, soit plac6, par les soins de l'administration, chez des 
 particuliers, soit engag6 dans I'arm^e ou la marine. 
 
 91. Le reglement du 10 avril 1869, qui 6tait d^k par 
 lui-m^me tr6s humain, on peut mSme dire paternel, a 6t6 
 encore adouci et am61ior6 par diverses mesures presque 
 
236 THE MAKING OF THE CEIMINAL app. 
 
 toutes intervenues dans ces vingt derniferes ann6es. Le 
 bien-@tre mat6riel des "colons" a 6t6 augments. Une 
 plus large place a 6te faite a I'instruction primalre et a 
 I'enseignement industriel. Les contremaltres sont choisis 
 avec soin ; le nombre des institutions a 6t6 tripl6. Et 
 comme en si d61icate matifere, les details ext^rieurs ont 
 parfois une particuliere importance Tancienne appellation 
 de " jeunes detenus " a 6t6 remplac6e par celle de 
 " pupilles," I'ancien costume en droguet par celui, 
 moins disgracieux, des bataillons scolaires ; les primitifs 
 gardiens eux-memes ont chang^ de nom et d'uniforme ; ils 
 s'appellent aujourd'hui surveillants ou surveillants-contre- 
 maitres et portent des vetements qui les difF6rencient de 
 leurs collegues des prisons proprement dites. Depuis le 
 1 5 juillet 1898 les pupilles de I'administration p6nitentiaire 
 ne sont plus transf6r6s par les voitures cellulaires, mais 
 prennent place avec les personnes qui les accompagnent 
 dans les compartiments ordinaires des trains. Enfin, par 
 arrgt6 du 5 juillet 1899 le regime disciplinaire a 6t6 
 considerablement att6nu6, avec tendance k substituer aux 
 punitions proprement dites les privations de recompenses. 
 
 94. Art. 67 et 69 du Code Final. — Ces articles pr6voient 
 pour les mineurs ayant agi avec discernement des peines de 
 droit commun att6nu6es ou abaiss6es d'un degr6 suivant 
 la nature des infractions, mais pouvant quand meme 
 aller de simple emprisonnement jusqu'aux travaux forces 
 inclusivement. . . . 
 
 . . . Depuis plusieurs annees les tribunaux s'attachent 
 a 6viter aux jeunes d61inquants le tare d'un pr6coce easier 
 judiciaire. A Paris plus sp6cialement, il s'est form6, des 
 1889 . . . un " comit6 de protection des enfants traduits 
 en justice " dont Taction bienfaisante eut, pour premier 
 effet, de soustraire les enfants arr^t^s h la procedure 
 sommaire des flagrants d61its pour les faire b6nificier des 
 lenteurs tut61aires de la grande instruction. C'est de 
 cette 6poque ^galement que date, en ce qui concerne les 
 memes justiciables, la diminution progressive des condam- 
 nations k I'emprisonnement en matifere correctionnelle. 
 
App. FEANCE 237 
 
 95. Correction paternelle. — Les art. 375 et suivants du 
 Code civil conf^rent au pere de famille "qui a des sujets 
 de m6contentement trfes graves sur laconduite d'un enfant," 
 le droit de le faire d6tenir pendant un delai qui ne pourra 
 exc6der un mois s'il est S,g6 de moins de seize ans et six 
 mois, si I'enfant, sans gtre majeur, a d6pass6 la seizieme 
 ann6e. Dans I'un et I'autre cas, il n'y a aucunes 6critures 
 judiciaires ou administratives, sinon I'ordre m6me d'in- 
 carc6ration. 
 
 98. Patronage. — En 1833 I'initiative priv6e avait cr66, 
 k Paris, la premiere soci6t6 de patronage v6ritablement 
 organis6e, celle des jeunes ditenus et des jewnes lihiris du 
 d^partement de la Seine . . . qui continue k assurer I'avenir 
 des jeunes detenus dont elle prend charge avec un soin et 
 une clairvoyance v6ritablement remarquables. 
 
 99. ... la Sociiti de protection des engages volontaires 
 ilevis sous la tutelle administrative qui sauve annuellement 
 par le travail, par la bonne conduite et par les fatigues 
 courageusement support^es, un nombre tou jours plus 
 grand de jeunes gens dont les debuts dans la vie ont 
 6t6 marques par des d6faillances morales. En dehors de 
 ces associations principales, d'autres moins importantes, 
 mais tout aussi actives et bien intentionn6es, s'organisent 
 k Paris et dans les d^partements. 
 
 Comixes de Defense des Enfants traduits 
 EN Justice! 
 
 . . . Depuis bientdt douze ann^es ils se sont multiplies, 
 a ce point qu'^ une ^poque prochaine, la plupart des villes 
 oil sifegent une Cour d'appel, ou un tribunal important 
 seront pourvues d'une cr6ation de ce genre. 
 
 En France, tout mineur dg6 de moins de seize ans, arr^t6 
 sur la voie publique pour un d61it de droit commun, tel 
 que vagabondage, mendicity, outrages aux mceurs, rebel- 
 lion, coups, tentative d'incendie, de meurtre, etc., est 
 conduit k la mairie, au commissariat de police, ou a la 
 ' Third International Congress, 1902. M. Paul Flandin. 
 
238 THE MAKING OF THE CEIMINAL app. 
 
 gendarmerie, at, de la, au Procureur de la E.6publique, 
 qui le renvoie au juge d'instruction charge de proc6der k 
 une information. 
 
 Aussitdt qu'il est saisi de I'affaire le juge recherche, 
 pour les joindre au dossier, tous procfes-verbaux ant^rieurs 
 r^latifs aux pr^cedentes arrestations dont le jeune d^lin- 
 quant a pu etre I'objet. II se renseigne sur ses antecedents 
 dans la famille, k I'ecole ou a I'apprentissage ; il dirige 
 son enquSte sur les enseignements donnas par le p6re et 
 la mere, sur leur morality et sur leur conduite. Par des 
 confrontations et de frequents interrogatoires il cherche a 
 se bien p6n6trer de la valeur intellectuelle et morale de 
 I'enfant, m^me de ses aptitudes professionnelles et de sa 
 sant6. Si cette premiere enquete n'a pas suffi k le fixer, 
 s'il a conserve des doutes sur la nature des mesures k 
 prendre dans Tint^r^t du mineur, soit pour lui trouver 
 un placement avantageux, soit pour le faire envoyer dans 
 une maison de correction, voici le moyen fr6quemment 
 employ^ par nos juges d'instruction prfes le Tribunal de 
 la Seine, et qui leur a presque toujours r6ussi. 
 
 Le juge suspend, pour quelques semaines, le cours de 
 son information, ainsi que I'iuternement de I'enfant a la 
 maison d'arr^t. II envoie son jeune pr6venu k I'assistance 
 publique, avec un rapport sommaire sur la prevention. 
 L'assistance re9oit I'enfant et le place temporairement, k 
 I'essai, dans un asile sp6cial, oil, dans une vie nouvelle, 
 le mineur, soigneusement surveill6, retrouvera des con- 
 disciples, pupilles de I'assistance, dont il partagera les 
 travaux, les exercices et les jeux. Si, aprfes quelques 
 semaines d'6preuve, I'experience est jugee suffisante, le 
 mineur, s'il s'est bien conduit, est renvoy^ au juge, avec 
 un rapport favorable et une proposition de placement. 
 Dans le cas contraire, si ce temps d'^preuve n'a abouti 
 qu'a des notes mauvaises, le jeune pr^venu est definitive- 
 ment renvoy^ au juge, qui joint au dossier le rapport 
 dress6 par I'assistance publique et reprend son information 
 au point ou il I'avait laissee. 
 
 G6neralement I'enfant reconnu vicieux, corrompu et 
 
App. FEANCE 239 
 
 irr6ductible est mflr pour la maison de correction. D'accord 
 avec le Parquet le juge d'instruction cl6t son information 
 et renvoie le mineur devant le Tribunal correctionnel qui 
 I'acquitte comma ayant agi sans discernement, mais ordonne, 
 en m^me temps, qu'il sera plac6, jusqu'^ une 6poque 
 voisine de sa majority, dans une maison de corr&ction. 
 
 Parf ois il arrive que de saines interventions et de sages 
 conseils, pendant toute la dur^e de la prevention, ont 
 transform^ I'enfant, lorsqu'il comparalt devant le Tribunal; 
 et Ton voit quelquefois les juges acquitter definitivement 
 le mineur, lorsqu'un patronage, ou toute autre personne 
 absolument digne de confiance, intervienne pour proposer 
 un placement avantageux. 
 
 TRANSLATION 
 Law of 1850 1 
 
 I. Minors of both sexes imprisoned for crimes, mis- 
 demeanours, breaches of the " fiscal " laws, or as a method 
 of paternal correction receive, either during their detention 
 on remand or during their stay in penitentiary establish- 
 ments, a moral, religious, and professional education. 
 
 II. In the prisons and courts of justice distinct quarters 
 are assigned to young prisoners of every class. 
 
 III. Young prisoners acquitted in virtue of Article 66 
 of the Penal Code as having acted without discernment, 
 but not restored to their parents, are taken to a Peni- 
 tentiary Colony ; they there receive a common education 
 under severe discipline, and are employed in agricultural 
 labour as well as in the principal industries connected 
 with it. Their elementary instruction is provided for. 
 
 IV. The Penitentiary Schools similarly receive young 
 
 ' St. Louis . Exhibition, 1904. Section des Enfants soumis k 
 I'education p^nitentiaire. 
 
240 THE MAKING OF THE CRIMINAL app. 
 
 prisoners condemned to a term of imprisonment of more 
 than six months but not exceeding two years. 
 
 During the first three months these young prisoners 
 are confined in a special quarter, and employed in seden- 
 tary labour. 
 
 On the expiration of this period the Director, in con- 
 sideration of their good conduct, can admit them to the 
 agricultural work of the colony. 
 
 V. The Penitentiary Colonies are either public or 
 private. 
 
 IX. The young prisoners in Penitentiary Colonies 
 may be provisionally placed outside the colony on proba- 
 tion and under conditions determined by the regulations 
 of the Public Administration. 
 
 X. One or more Correctional Colonies are established 
 to which there are taken to be educated : 
 
 (1) Young prisoners condemned to an imprisonment 
 of more than two years. 
 
 (2) Young prisoners from the Penitentiary Colonies 
 who have been declared insubordinate. 
 
 XI. The young prisoners in Correctional Colonies are 
 subjected during the first six months to imprisonment 
 and employed in sedentary labour. 
 
 On the expiration of this period the Director, in con- 
 sideration of their good conduct, can admit them to the 
 agricultural labour of the colony. 
 
 XX. The State is responsible for : 
 
 (1) The expenses of the foundation and support of 
 the Correctional Colonies and public establishments used 
 as colonies, and of the penitentiary establishments. 
 
 (2) Subsidies to private establishments to which young 
 prisoners are entrusted. 
 
 - NoTE.i — The Law of June 5, 1850 (Art. 19), places 
 young prisoners at the time of their liberation under the 
 patronage of "TAssistance publique," for at least three 
 years ; but this provision has never been applied. 
 
 ^ Manriee Block, DicUoTvnaire de V Administration Fran^aise, 1905. 
 
App. FRANCE 241 
 
 Article 660/ the Penal Code 
 
 When the accused is under sixteen years of age, if it 
 be decided that he has acted vnthoid discernment, he shall 
 be acquitted ; but according to circumstances he shall be 
 restored to his parents or sent to a House of Correction, 
 to be there educated and detained for as many years as 
 his sentence shall determine, which, however, shall not go 
 beyond the attainment of his twentieth year. 
 
 Children morally abandoned. Victims or Offenders. 
 Laws of July 24, 1889, and April 19, 1898 1 
 
 Forfeiture of Paternal Rights 
 
 III. The father, mother, and relatives forfeit civil 
 rights, paternal control and the rights attaching to it, in 
 respect of all their children and descendants : 
 
 (1) If they are convicted of having provoked, en- 
 couraged, or facilitated the prostitution or corruption of 
 their child while yet a minor. 
 
 (2) If they are convicted as authors, joint-authors, or 
 accomplices of a crime committed against the person 
 of one or more of their children, or as joint-authors or 
 accomplices of a crime committed by one or more of their 
 children. 
 
 (3) If they are twice convicted as authors, joint- 
 authors, or accomplices of a misdemeanour committed 
 against the person of one or more of their children. 
 
 (4) If they are twice convicted for habitual provoca- 
 tion of minors to debauchery. 
 
 IV. The following may be pronounced to have for- 
 feited the same rights : 
 
 (1) The father and mother condemned to penal servi- 
 tude in perpetuity or for a period, or to confinement as 
 authors, joint-authors, or accomplices of a non-political 
 crime not included amongst those which entail the for- 
 feiture of civil rights. 
 1 Maurice Block, Dictionnaire de l' Administration Frcmgaise, 1905. 
 
 K 
 
242 THE MAKING OF THE CEIMINAL app. 
 
 (2) The father and mother twice convicted of one of 
 the following acts : sequestration, suppression, exposure 
 or abandonment of children, or for vagrancy. 
 
 (3) The father and mother convicted of manifest 
 drunkenness . . . those whose children have been sent 
 to a House of Correction by application of Article 66 of 
 the Penal Code. 
 
 (4) Apart from any conviction the father and mother 
 who, by their habitual drunkenness, notorious and scandal- 
 ous misconduct or ill-treatment, compromise either the 
 health, safety, or morality of their children. 
 
 (5) To these cases, provided for by the Law of 1889, 
 must be added that of Article 3 of the Law of April 19, 
 1898 — parents who have handed over their children under 
 sixteen years of age to acrobats, mountebanks, charlatans, 
 exhibitors of animals or managers of circuses, or placed 
 them under the charge of vagabonds, vagrants, and pro- 
 fessional beggars. 
 
 (7) The Court which pronounces in favour of guardian- 
 ship at the same time fixes the amount of the sum due 
 by the parents for maintenance, or declares that in con- 
 sideration of their poverty no payment will be enforced. 
 
 Assisted Children's Law^ of June 27, 1904 
 
 Article 1 . — Children are qualified . . . who are placed 
 under the protection or guardianship of the Assistance 
 Publique. 
 
 2. Under " assisted children " are comprised : 
 
 (2) Children under guardianship. 
 
 5. A child under guardianship is a child the care of 
 which has been entrusted by the Courts to the Assistance 
 Publique. 
 
 11. The protection of children of every class and the 
 guardianship of pupils of the Assistance Publique estab- 
 
 ^ Bulletin des Lois de la Ripublique Fran<;aise, No. 2575. 
 
App. FEANCE 243 
 
 lished by the present law are undertaken by the Prefect 
 or by his deputy, the Departmental Inspector. 
 
 In the Department of the Seine they are exercised by 
 the Director of the General Administration of the Assist- 
 ance Publique of Paris. 
 
 12. The Guardian is assisted by a Family Council, 
 formed by a committee of seven members, elected by the 
 General Council and renewed every four years. 
 
 The Guardian or his deputy is present at the meetings 
 of the Council, and is heard when he desires. 
 
 17. A child reclaimed by its parents may be restored 
 to them if the Guardian considers, after the deliberations 
 of the Family Council, that the restoration is in the child's 
 interest. The administration may moreover authorise a 
 conditional restoration, during which surveillance will 
 continue to be exercised for at least one year ; on the 
 expiration of this period the restoration will become 
 complete. 
 
 The parents must refund, either by one payment or 
 by monthly instalments spread over a period of one or 
 more years, the sum spent on the maintenance of their 
 child, unless the Departmental Committee, or in the 
 Department of the Seine a delegation of the General 
 Council, exonerates them wholly or in part. 
 
 21. Pupils under 13 years of age are, without excep- 
 tion, entrusted to families resident in the country. 
 
 22. The place where the pupil is placed remains secret, 
 unless by a decision of the Prefect, in the child's interest. 
 The mother and the person who has handed over the 
 child may be informed at fixed periods. of its existence 
 or death. 
 
 26. The pupil ... is apprenticed, by preference to 
 an agricultural profession ; he is provided with an outfit ; 
 a written contract . . . determines the conditions under 
 which he is placed. 
 
 27. Every pupil of the Assistance ... is the object 
 of a supervision exercised by the inspectors and sub- 
 
244 THE MAKING OF THE CKIMINAL app. 
 
 inspectors of the Assistance Publique. The visits are 
 domiciliary. 
 
 35. The Director of the Assistance Publique in Paris 
 exercises the powers conferred upon him by Article 11 
 of the present Law by means of agents appointed by the 
 Prefect of the Seine at the Director's suggestion. Every 
 agent resides in the borough where the pupils whose 
 surveillance is entrusted to him are placed. 
 
 The Prefect of the Seine controls the service of agents 
 referred to above by means of inspectors appointed by 
 the Minister of the Interior. 
 
 38. The father, mother, and relatives of a pupil of the 
 Assistance or of a child in the charge of the Adminis- 
 tration are responsible for his maintenance. 
 
 Law relating to the Education of Troublesome 
 OR Vicious Pupils of the Assistance Publique 
 OF June 28, 1904 
 
 Article 1. — The pupils of the Assistance Publique who 
 by reason of their insubordination or defects of character 
 cannot be entrusted to families, are placed, by decision of 
 the Prefect, on the report of the Departmental Inspector, 
 in a Professional School. 
 
 The Professional Schools, agricultural or industrial, are 
 departmental or private establishments. 
 
 Philanthropic associations and private establishments 
 desirous of authorisation to receive and educate pupils of 
 the Assistance must apply to the Minister of the Interior 
 and submit to his approbation their statutes, rules, and 
 premises. 
 
 Every year the Minister of the Interior checks the list 
 of establishments authorised to receive and educate pupils 
 of the Assistance. 
 
 Regulations of the Public Administration, issued a 
 year after the promulgation of the present Law, shall 
 determine the measures proper for assuring the provisional 
 or definite placing, the supervision, moral and professional 
 
App. FEANCE 245 
 
 education of the pupils placed in departmental or private 
 establisliments, as well as the patronage of these pupils at 
 the end of their detention. 
 
 2. When a pupil of the Assistance, by acts of 
 immorality, violence, or cruelty, gives very serious 
 occasion for dissatisfaction, the Civil Court can, on the 
 report of the Inspector of Assisted Children and on the 
 application of the Prefect in the Departments or of the 
 Director of the Assistance Publique in Paris,, decide, 
 without costs, that he shall be entrusted to the 
 Penitentiary Administration. 
 
 The Penitentiary Administration will receive him in 
 one of its establishments or quarters of observation, and 
 will keep him there until the information collected and 
 the result of observation allow of a decision as to whether 
 he should be placed in a Penitential Colony or Prison, or 
 in a Correctional Colony. 
 
 3. Every Department, unless it has a public establish- 
 ment destined for the reception of the pupils of the 
 Assistance referred to in Article 1 of the present Law, 
 must, within the space of three years, negotiate to this 
 effect either with a public establishment of another 
 Department or with a private establishment authorised 
 by the Minister of the Interior. 
 
 Two or more Departments can found or maintain 
 a Professional School at common expense. 
 
 4. The State contributes in the proportion of one-half 
 to the expenses incurred by the Departments in 
 establishing Professional Schools. 
 
 Maurice Block, "Dictionary of French Adminis- 
 tration," 1905. Penitentiary Ejegime. VI. 
 Correctional Education 
 
 90. ... A young prisoner must be thoroughly 
 froward to be detained until the day fixed for his 
 definite release ; if he has the slightest desire to do right, 
 after two or three years of education he is released 
 
246 THE MAKING OF THE CEIMINAL app. 
 
 conditionally and restored to his parents ; in case of 
 their unfitness he is either placed, by the care of the 
 Administration, with private persons, or enlisted in the 
 Army or Navy. 
 
 91. The regulations of April 10, 1869, vi^hich were 
 already in themselves very humane, one may almost say 
 paternal, have been further mitigated and improved by 
 various measures, nearly all adopted during the last 
 twenty years. The material welfare of the " colonists " 
 has been increased. A larger place has been given to 
 primary instruction and industrial training. The over- 
 seers are carefully selected ; the number of institutions 
 has been trebled. And as in so delicate a matter external 
 details sometimes have particular importance, the old 
 appellation of " young prisoners " has been replaced by 
 that of "pupils," the old coarse tweed clothing by the 
 less uncomely dress of schoolboys ; the original warders 
 themselves have changed their name and their uniform : 
 they are now called superintendents or superintendent- 
 overseers, and wear a dress which distinguishes them from 
 their colleagues of the prisons properly so called. Since 
 July 15, 1898, the pupils of the Penitentiary Adminis- 
 tration are no longer transferred in cellular vans, but take 
 their places with the persons who accompany them in the 
 ordinary compartments of trains. Finally, by a decree 
 of July 5, 1899, the disciplinary regime has been 
 considerably mitigated, with a tendency to substitute 
 forfeiture of rewards for regular punishments. 
 
 94. Articles 67 and 69 of the Penal Code. — These articles 
 provide for minors who have acted loith discernment penal- 
 ties of common law attenuated or reduced to a degree corre- 
 sponding to the nature of their offences, but extending 
 nevertheless from simple imprisonment to penal servi- 
 tude inclusively. . . . For many years the Courts have 
 endeavoured to preserve youthful delinquents from the 
 stain of an early recorded conviction. In Paris especially 
 has been formed since 1889 ... a "Committee of 
 Protection for Children handed over to Justice," the first 
 
App. FEANCE 247 
 
 efifect of whose beneficent action was to withdraw arrested 
 children from summary procedure for flagrant mis- 
 demeanours and cause them to benefit by the tutelary 
 care which a prolonged judicial inquiry involves. From 
 this epoch equally dates, in so far as the same offenders 
 are concerned, the progressive diminution of condemnations 
 to imprisonment as a corrective measure. 
 
 95. Paternal Correction. — Articles 375 and following of 
 the Civil Code confer on the father of a family " who has 
 very serious grounds for discontent with the conduct of a 
 child " the right of having him confined for a period which 
 cannot exceed one month if he is under sixteen years of 
 age and six months if the child, not having attained his 
 majority, has passed his sixteenth year. In either case 
 there are no judicial or administrative records, except the 
 order of incarceration itself. 
 
 98. Patronage. — In 1833 private initiative created in 
 Paris the first really organised Society of Patronage, that 
 of Young Prisoners and Young Discharged Prisoners of the 
 Department of the Seine, . . . which continues to assure, 
 with truly remarkable care and perspicuity, the future of 
 young prisoners of whom it takes charge. 
 
 99. . . . the Society for the Protection of Volunteer 
 Recruits brought up wider the Guardianship of the Adminis- 
 tration, which rescues annually by work, good conduct, 
 and courageously borne fatigues an ever-increasing number 
 of young men whose entrance into life has been marked 
 by moral shortcomings. Besides these principal associa- 
 tions others less important, but just as active and well- 
 intentioned, have been organised in Paris and the 
 Departments. 
 
 Committees oe Protection for Children handed 
 OVER to Justice 1 
 
 . . . During nearly twelve years these have multiplied 
 to such an extent that very soon the majority of towns 
 
 1 Third International Congress, 1902. M. Paul Flandin. 
 
248 THE MAKING OF THE CEIMINAL app. 
 
 where a Court of Appeal or important tribunal holds 
 sessions will be provided with an organisation of this 
 kind. 
 
 In France every minor under sixteen years of age 
 arrested on the public highway for a misdemeanour 
 under the common law, such as vagrancy, begging, moral 
 offences, rebellion, blows, attempted arson, murder, etc., 
 is taken to the town hall, commissariat of police, or the 
 quarters of the gendarmerie, and thence to the public 
 prosecutor, who sends him to the examining magistrate, 
 whose function it is to undertake an inquiry. 
 
 As soon as the case is laid before him the magistrate 
 collects, in order to add them to the dossier, all previous 
 reports relating to former arrests of which the youthful 
 offender may have been the object. He investigates his 
 antecedents in his family, at school, or as an apprentice ; 
 he inquires into the instruction given by the father and 
 mother, their morals and their conduct. By interviews 
 and frequent examination he seeks to gain a clear impres- 
 sion of the intellectual and moral worth of the child, evert 
 of his professional ability and his health. If this first 
 investigation has been insufficient to decide bim, if he still 
 has doubts as to the nature of the measures to be taken 
 in the minor's interest, whether to find him an advan- 
 tageous situation or to have him sent to a House of 
 Correction, the following is the method frequently em- 
 ployed by our examining magistrates of the tribunal of 
 the Seine, and which they have nearly always found 
 successful. 
 
 The magistrate suspends for a few weeks the course of 
 his inquiry, as well as the commitment of the child to 
 gaol. He sends the young accused to the Assistance 
 Publique, with a summary report on the prosecution. 
 The Assistance receives the child and places him tem- 
 porarily on probation in a special institution, where the 
 minor, carefully supervised in a new life, will find his 
 fellow-pupils of the Assistance, and share their work, 
 exercises, and games. If after a few weeks' trial it is 
 
App. FKANCE 249 
 
 considered that sufficient experiment has been made, the 
 minor, if he has behaved well, is sent back to the magis- 
 trate with a favourable report and an offer to find him a 
 home. If, on the contrary, the period of probation has 
 only resulted in an unfavourable memorandum, the young 
 prisoner is definitely returned to. the magistrate, who adds 
 to the dossier the report drawn up by the Assistance 
 Publique and resumes the investigation at the point 
 where he left it. 
 
 As a rule, a child recognised as vicious, corrupt, and 
 incorrigible is ripe for the House of Correction. In 
 agreement with the public prosecutor and his officers, the 
 examining magistrate closes his inquiry and sends the 
 minor before the Court of Correction, which acquits him 
 as having acted without discernment, but at the same time 
 orders that he is to be committed, up to a time approach- 
 ing his majority, to a House of Correction. 
 
 It sometimes happens that wholesome intervention and 
 wise counsels during the whole period of investigation 
 have transformed the child when he appears before the 
 Court; and occasionally one sees the magistrates definitely 
 acquitting a minor when a Society of Patronage or any 
 thoroughly trustworthy person intervenes to propose an 
 advantageous disposal. 
 
GEKMANY 
 
 German Criminal Code 
 
 § 55. No person can be prosecuted according to the 
 criminal law under the age of twelve. 
 
 " Against such a person, however, the measures suitable 
 for his improvement and supervision can be taken according 
 to the regulations of the different States. In particular, 
 such a person can be quartered in an institution for educa- 
 tion and improvement after that the commission of the 
 act has been proved, and such quartering declared admis- 
 sible by decree of the official guardians." 
 
 § 56. "An accused person who has committed a 
 criminal act at a time when he had completed his twelfth 
 but not his eighteenth year is to be acquitted if at the 
 time he committed such act he did not possess the intelli- 
 gence necessary to the knowledge of its criminality." 
 
 " {Note. — This is a question for the jury.) 
 
 " The judgment must direct whether the accused shall 
 be intrusted to his family, or be conveyed to an institution 
 for education and improvement. In the institution he is 
 to be detained so long as the administrative magistrate at 
 the head of the institution considers such detention" neces- 
 sary ; not, however, after he has completed his twentieth 
 year." ^ 
 
 1 Translated by Geoffrey Drage, B.A., 1885. 
 250 
 
GEEMANY 251 
 
 GESETZ UbER die FtJRSORGEERZIEHUNG MlNDER- 
 
 jXhriger vom 2. JuLi 1900 1 
 
 § 1. Ein Minderjahriger, welcher das achtzehnte 
 Lebensjahr noch nicht vollendet hat, kann der Fiirsorge- 
 erziehung iiberwiesen werden : 
 
 (1) wenn . . . die Fiirsorgeerzieiiung erforderlich ist, 
 um die Verwahrlosung des Minderjahrigen zu verhiiten ; 
 
 (2) wenn der Minder jahrige eine strafbare Handlung 
 begangen bat, wegen der er in Anbetracht seines 
 jugendlichen Alters strafrechtlich nicht verfolgt werden 
 kann und die Fiirsorgeerziehung mit Riicksicht auf die 
 Beschaffenheit der Handlung, die Personlichkeit der Eltern 
 oder sonstigen Erzieher und die iibrigen Lebensverhalt- 
 nisse zur Verhiitung weiter sittlicher Verwahrlosung des 
 Minderjahrigen erforderlich ist ; 
 
 (3) wenn die Fiirsorgeerziehung ausser diesen Fallen 
 wegen Unzulanglichkeit der erziehlichen Einwirkung der 
 Eltern oder sonstigen Erzieher oder der Schule zur Ver- 
 hiitung des voUigen sittlichen Verderbens des Minder- 
 jahrigen nothwendig ist. 
 
 § 2. Die Fiirsorgeerziehung erfolgt unter offentlicher 
 Aufsicht und auf offentliche Kosten in einer geeigneten 
 Familie oder in einer Erziehungs- oder Besserungsanstalt. 
 
 § 3. Die Unterbringung zur Fiirsorgeerziehung erfolgt, 
 nachdem das Vormundschaftsgericht durch Beschluss das 
 Vorhandensein der Voraussetzungen des § 1 unter Bezeioh- 
 nung der fiir erwiesen erachteten Thatsachen festgestellt 
 und die Unterbringung angeordnet hat. 
 
 §4 
 
 Vor der Beschlussfassung soil das Vormundschafts- 
 gericht, soweit dies ohne erhebliche Sohwierigkeiten 
 
 1 Statistik uber die Fursorgeerziehung Minderjdhriger (Gesetz vom 
 2. Juli 1900) und Uber die Zioangserzieliung Jugendlieher (§ 56 des 
 Strafgesetzbuches) fiir das Bechnungsjahr 1904 (1. A2}ril 1904 bis .31. 
 Mdrz 1905). Bearbeitet im Kiiniglich Preussischen Ministerium des 
 Innern, Berlin. Druckerei der Strafanstaltsverwaltung, 1906. 
 
252 THE MAKING OF THE CKIMINAL app. 
 
 geschehen kann, die Eltern, den gesetzlichen Vertreter 
 des Minder jahrigen und in alien Fallen den Gemeinde- 
 vorstand, den zustandigen Geistlicher und den Leiter oder 
 Lehrer der Schule, welche der Minder jahrige besucht, 
 horen ; auch hat wenn die Beschlussfassung nicht auf 
 Antrag erfolgt, das Vormundschaftsgericht zuvor dem 
 Landrath unter Mittheilung der Akten Gelegenheit zu 
 einer Aeusserung zu geben. ... 
 
 § 5. Bei Gefahr im Verzuge kann das Vormundschafts- 
 gericht eine vorlaufige Unterbringung des Minder jahrigen 
 anordnen. Die Polizeibehorde des Aufenthaltsorts hat in 
 diesem Falle fiir die Unterbringung des Minderjahrigen 
 in einer Anstalt oder in einer geeigneten Familie zu 
 sorgen. 
 
 § 9. Die Ausfiihrung der Fiirsorgeerziehung liegt dem 
 verpfiichteten Kommunalverbande ob ; er entscheidet 
 dariiber, in welcher Weise der Zogling untergebracht 
 werden soil. . . . Der Kommunalverband hat dem Vor- 
 mundschaftsgerichte von der Unterbringung und von der 
 Entlassung des Zoglinges Mittheilung zu machen. 
 
 Die Ueberfiihrung des Zoglinges liegt der Polizei- 
 behorde des Aufenthaltsorts ob. 
 
 S 10. ... In Ausfiihrung einer eingeleiteten Fiirsor- 
 geerziehung kann die Erziehung in der eigenen Familie 
 des Zoglinges unter Aufsicht des Kommunalverbandes 
 vifiderruflich angeordnet werden. 
 
 § 11. Fiir jeden in einer Familie untergebrachten 
 Zogling ist zur Ueberwachung seiner Erziehung und 
 Pflege von dem Kommunalverbande ein Fiirsorger zu 
 bestellen. Hierzu konnen auch Frauen bestellt werden. 
 
 § 13. Die Fiirsorgeerziehung endigt mit der Minder- 
 jahrigkeit. Die friihere Aufhebung der Fiirsorgeerziehung 
 erfolgt durch Beschluss des Kommunalverbandes von 
 Amtswegen oder auf Antrag der Eltern oder des gesetz- 
 lichen Vertreters des Minderjahrigen, wenn der Zweck 
 der Fiirsorgeerziehung erreicht oder die Erreichung des 
 Zweckes anderweit sichergestellt ist. Die Aufhebung kann 
 unter Vorbehalt des Widerrufs beschlossen werden. . . . 
 
App. GEEMANY 253 
 
 Ein abgewiesener Antrag darf vor dem Ablaufe von sechs 
 Monaten nicht erneuert werden. 
 
 § 14. Die Provinzialverbfinde . . sind verpflichtet, 
 die Unterbringung ... in einer den Vorschriften dieses 
 Gresetzes entsprechenden Weise zu bewirken. Sie baben 
 fiir die Errichtung von Erziehungs- und Besserungsan- 
 stalten zu sorgen, soweit es an Gelegenheit feblt, die 
 Zoglinge in geeigneten Familien sowie in offentlichen, 
 kirchlichen oder privaten Anstalten unterzubringen, auch 
 soweit notbig fiir ein angemessenes Unterkommen bei der 
 Beendigung der Fiirsorgeerziebung zu sorgen. 
 
 § 15. Die Kommunalverbande erhalten zu den von 
 ihnen zu tragenden Kosten aus der Staatskasse einen 
 Zuscbuss in Hohe von zwei Dritteln dieser Kosten. Der 
 Betrag des Zuschusses wird jabrlicb auf Liquidation der 
 im Vorjahr aufgewendeten Kosten oder im Einverstand- 
 nisse mit den einzelnen Kommunalverbanden periodisch 
 als Bauschsumme von dem Minister des Innern fest- 
 gesetzt. 
 
 § 23. Dieses Gesetz tritt mit dem 1. April 1901 in 
 Kraft. 
 
 AUSFtJHRUNGSBESTIMMUNGBN 
 
 Das Fiirsorgeerziehungsgesetz ist eine Erweiterung 
 des G-esetzes vom 13. Marz 1878. . . . Das neue Gesetz 
 verf olgt denselben Zweck wie das alte : gesetzliche Grund- 
 lagen zu schaffen, um der Verwahrlosung jugendlicher 
 Personen und ihrem Verf all in Verbrecben vorzubeugen 
 oder verwahrloste und verbrecherische Jugendlicbe vor 
 weiterem oder volligem sittlichen Verderben zu bewabren. 
 Die Fiirsorgeerziebung auf Grund dieses Gesetzes ist nur 
 eine der mannigfachen gesetzUcben nnd Verwaltungs- 
 massregeln zur Sicherung einer geordneten Erziehung 
 Jugendlicher. Sie greift so tief in das Verhjiltniss des 
 Jugendlichen zu seinen Eltern und seiner Familie ein, 
 dass sie in vielen Fallen eine vollstandige Loslosung von 
 der Familie zur Folge hat ; sie soil daher nur zu Anwen- 
 dung kommen, wenn alle anderen zur Verfiigung stehenden 
 
254 THE MAKING OF THE CEIMINAL app. 
 
 Massregeln, eine geordnete Erziehung herbeizufiihren 
 versagen. . . . 
 
 I. Die Ueberweisung zur Fiirsorgeerziehung ist zu- 
 lassig gegen Minderjahrige bis zum vollendeten 18. 
 Lebensjahre : 
 
 1. wenn Kinder, die unter elterlicher Gewalt stehen, 
 duroh schuldhaftes Verhalten der Eltern in Gefahr gera- 
 then, zu verwahrlosen. 
 
 Ein schuldhaftes Verhalten liegt vor, wenn das geistige 
 oder leibliche Wohl des Kindes dadurch gefahrdet wird, 
 dass der Vater, oder die Mutter . . . das Eecht der Sorge 
 fiir die Person des Kindes missbraucht, das Kind vernach- 
 lassigt oder sich eines ehrlosen oder unsittlichen Verhaltens 
 schuldig macht ; 
 
 2. wenn bei bevormundeten Minderjahrigen die Fiirsor- 
 geerziehung zur Verhiitung der Verwahrlosung noth- 
 wendig ist ; 
 
 3. wenn Minderjahrige, auch ohne dass ein Verschulden 
 der Eltern vorliegt, verwahrlosen und die erziehliche 
 Einwirkung der Eltern oder sonstigen Erzieher oder der 
 Schule nicht ausreichen, um ein volliges sittliches Verder- 
 ben des Minderjahrigen zu verhiiten. 
 
 Da unter Verwahrlosung nicht nur die sittliche, 
 sondern auch die geistige und korperliche zu verstehen 
 ist, so gehoren unter die Nr. 1 alle die Falle, in denen 
 Eltern ihre Kinder misshandeln, ihnen die korperliche 
 Pilege versagen, sie zu iiberanstrengenden, der leiblichen 
 und geistigen Entwickelung schadlichen Arbeiten zwingen, 
 sie in einer die Zwecke der Schule gefahrdenden Weise 
 vom Schulbesuche abhalten, oder sie vom Verkehr mit 
 verbrecherischen Personen und der Begehung von Straf- 
 thaten nicht abhalten. Das Gleiche gilt, wenn der Vater 
 oder die Mutter der Trunksucht, Landstreicherei, Bettelei, 
 des gewohnheitsmassigen Diebstahls, der Gewerbsunzucht, 
 Kuppelei oder eines anderen ehrlosen Verhaltens sich 
 schuldig machen. Fiir Nr. 3 werden besonders die Minder- 
 jahrigen in Frage kommen, die sich der Aufsicht der Eltern 
 und Erzieher entziehen oder widersetzen, gegen deren 
 
Ai'p. GEEMANY 255 
 
 Willen in schlechter G-esellschaft sich bewegen, wo sie 
 Anreizung zu liiderlichem Leben und zur Begehung von 
 Straftbaten finden. . . . 
 
 II. Die nachgeordneten Polizei- und Gemeindeorgane, 
 die Waisenrathe und Armenpfleger sind anzuweisen, den 
 zur Stellung des Antrages verpflichteten Beborden alle die 
 Falle zur Kenntniss zu bringen, in denen Kinder von 
 Eltern und Erziebern missbandelt, vernacblassigt oder 
 korperlich oder geistig verwahrlost werden, wenn Minder- 
 jahrige eine strafbare Handlung begangen baben oder sicb 
 einem ungeordneten, liiderlicben Lebenswandel ergeben, 
 dem zu webren die Kircbe, die Scbule, und das Elternhaus 
 machtlos sind. Ganz besonders sind Geistlicbe, Aerzte, 
 und Lebrer berufen, da, wo ihnen auf Grund dieses 
 Gesetzes die Anordnung der Fiirsorgeerziebung notb- 
 wendig erscheint, die geeigneten Antrage zu stellen. 
 
 Es ist dabin zu wirken, dass bei den Anzeigen und 
 Mittbeilungen die den Antrag begriindenden Tbatsachen 
 bestimmt bezeicbnet und, soweit moglich, die erforder- 
 licben Beweismittel und Zeugen angegeben werden. Die 
 Anzeigen und Mittbeilungen sind rechtzeitig, d. b. nicbt 
 erst bei vorgeschrittener, sondern scbon bei beginnender 
 Verwabrlosung zu machen, weil dann die Fiirsorgeerzie- 
 bung am meisten Aussicht auf Erfolg bat. 
 
 Die Vorsteber der Gefangnisse, in denen jugendliche 
 Verurtbeilte ihre Strafe verbiissen, baben mit der Kon- 
 ferenz der Oberbeamten, zu denen der Geistlicbe, der Arzt, 
 und der Lebrer gehoren, oder, wo solcbe Konferenzen nicbt 
 besteben, mit dem Anstalts-geistlicben und Lebrer zu 
 erortern, ob die Fursorgeerziehung fiir einen Jugendlicben 
 nacb verbiisster Strafe notbwendig erscbeint. Bejahenden- 
 falls ist der Konferenzbescbluss ... so recbtzeitig mit- 
 zutbeilen, dass womoglicb das Verfabren vor Ablauf der 
 Strafe beendigt sein und die Unterbringung zur Fiirsorge 
 sich unmittelbar an die Verbiissung der Strafe anscbliessen 
 kann. . . . Werden Minderjabrige vor vollendetem acbt- 
 zehnten Lebensjahre . . . der Landespolizeibehorde iiber- 
 wiesen, so baben die Regierungsprasidenten die zustandigen 
 
256 THE MAKING OF THE CEIMINAL app. 
 
 Behorden anzuweisen, den Antrag auf Fiirsorgeerziehung 
 zii stellen, wenn in anderer Weise die Unterbringung 
 des Minderjahrigen in einer Erziehungs- oder Besserungs- 
 anstalt oder in einem Asyle nicht sicher gestellt werden 
 kann. 
 
 Note. — -(Durch die Ueberweisung erbalt die Landespoli- 
 zeibehorde die Befugniss, die verurtheilte Person bis zu 
 zwei Jahren entweder in ein Arbeitsbaus unterzubringen 
 oder zu gemeinniitzigen Arbeiten zu verwenden. Die Lan- 
 despolizeibehorde kann die verurtheilte Person statt in 
 ein Arbeitsbaus in eine Besserungs- oder Erziehungsanstalt 
 oder ein Asyl unterbringen ; die Unterbringung in ein 
 Arbeitsbaus ist unzulassig, falls die verurtheilte Person 
 zur Zeit der Verurtheilung das achtzehnte Lebensjahr 
 noch nicbt vollendet hat. 
 
 Bei der Verurtheilung zur Haft kann zugleich erkannt 
 werden, dass die verurtheilte Person nach verbiisster Strafe 
 der Landespolizeibehorde zu iiberweisen sei. 
 
 Mit Haft wird bestraft : 
 
 3. wer als Landstreicher umherzieht ; 
 
 4. wer bettelt oder Kinder zum Betteln anleitet oder 
 ausschickt, oder Personen, welche seiner Gewalt und 
 Aufsicht untergeben sind und zu seiner Hausgenossen- 
 schaft gehoren, vom Betteln abzuhalten unterlasst ; 
 
 5. wer sich dem Spiel, Trunk oder Miissiggang der- 
 gestalt hingiebt, dass er in einen Zustand gerath, in 
 welohem er zu seinem Unterhalte oder zum Unterhalte 
 derjenigen, zu deren Erniihrung er verpflichtet ist, durch 
 Vermittelung der Behorde fremde Hiilfe in Anspruch 
 genommen werden muss ; 
 
 8. wer nach Verlust seines bisherigen Unterkommens 
 binnen der ihm von der zustandigen Behorde bestimmten 
 Frist sich kein anderweitiges Unterkommen verschaflft hat 
 und auch nicht nachweisen kann, dass er solches der von 
 ihm angewandten Bemiihungen ungeachtet, nicht ver- 
 mocht habe.) 
 
 Der Landrath hat, sobald ihm der Beschluss des 
 Vormundschaftsgerichts auf Ueberweisung zur Fiirsorge- 
 
App. GERMANY 257 
 
 erziehung zugestellt ist, dem Landesdirektor des zur 
 Unterbringung verpflichteten Kommunalverbandes unver- 
 ziiglich eine Mittheilung iiber die personlichen, hauslichen 
 und wirtschaftlichen Verhaltnisse des Ueberwiesenen zu 
 machen, worin er sich zugleioh gutachtlich dartiber ausserfc, 
 ob die Unterbringung in einer Familie oder in einer Anstalt 
 zweckmassiger erscheint. 
 
 IV. Die Ueberf iihrung des Zoglings in die von dem Kom- 
 munalverbande zu seiner Aufnahme bestimmte Familie 
 oder Anstalt hat die Polizeibeborde des Aufenthaltsorts 
 zu veranlassen. Die Begleiter sind mit besonderer Sorg- 
 falt auszuwahlen. . . . 
 
 V. Die Ausfiihrung der Fiirsorgeerziehung liegt wie 
 bishei" den Kommunalverbanden ob ; sie bestimmen 
 daruber, ob der Zogling in einer Familie oder in einer 
 Erziehungsanstalt untergebracht werden soil und flihren 
 liber ihn die Aufsicht bis zur Beendigung der Fiirsorge- 
 erziehung. Bei der Fiirsorgeerzieliung ist das Haupt- 
 augenmerk darauf zu richten, dass die Zoglinge, der Ver- 
 wabrlosung entnommen, zu religios-sittlichen Mensohen 
 erzogen und zu brauchbaren Arbeitern, vorzugsweise fiir 
 die Landwirtscbaft ausgebildet werden. 
 
 (a) So lange die Zwecke der Fiirsorgeerziebung durch 
 Unterbringung in einer Familie nur irgend erreicbt werden 
 konnen, ist dieser der Vorzug zu geben. Sie wird von 
 vornherein zur Anwendung zu bringen sein, wenn der 
 Zogling das schulpflichtige Alter noch nicht iiberschritten 
 bat und ein erhebliches sittliches Verderbniss nicht vor- 
 liegt, oder nach voraufgegangener Anstaltserziehung, wenn 
 der Zogling durch sie an Zucht und Ordnung gewohnt, 
 korperlich, geistig und sittlich gekraftigt ist. Bei der 
 Auswahl der Familien ist in erster Linie darauf zu sehen, 
 dass sie fiir eine ernst religios-sittliche Erziehung der 
 Zoglinge Gewahr bieten. . . . Familien, die auf dem 
 Lande oder in kleinen Stadten wohnen und den Zoglingen 
 Gelegenheit bieten, sich mit Land- und Gartenarbeit zu 
 beschaftigen, sind besonders zu bevorzugen. Von Familien, 
 die in grossen Stadten oder dicht bevolkerten Industrie- 
 
 S 
 
258 THE MAKING OF THE CEIMINAL app. 
 
 bezirken wohnen, wird moglichst abzusehen sein. Die 
 Familie muss dem religiosen Bekenntnisse des Zoglings 
 angehoren. Bei nicht mehr schulpflichtigen Kindern 
 kann von dieser Bestimmung ausnahmsweise abgesehen 
 werden, wenn eine geeignete Familie ihres Bekenntnisses 
 iiberhaupt nicht oder nur an solchen Orten gefunden 
 werden kann, wo die Beaufsichtigung des Zoglings 
 besondere Schwierigkeiten bietet. Dann ist jedoch die 
 regelmassige Theilnahme des Zoglings am Gottesdienste 
 seines Bekenntnisses sicher zu stellen. 
 
 Mit dem Familienhaupte ist iiber die Aufnahme des 
 Zoglings ein Vertrag abzuscbliessen, in welchem sich der- 
 selbe verpflichtet, den Zogling in seinen Familienkreis 
 aufzunehmen, ihn in religios-sittlichen Sinne zu erziehen, 
 zum regelmassigen Besuche des Gottesdienstes und der 
 Schule und Anfertigung der in der Schule gegebenen 
 Aufgaben, sowie zur Ordnung, Reinlichkeit und Arbeit- 
 samkeit anzuhalten, ihm eine angemessene Unterkunft mit 
 besonderem Bett, gesunde, ausreicbende Bekostigung, den 
 Verhaltnissen angemessene, reinlicbe Kleidung, in Krank- 
 heitsfallen Pflege und arztliche Hulfe zu gewabren, ihn 
 zu den fiir sein Alter und Geschlecht passenden hauslichen 
 und landlichen Arbeiten anzuleiten und zu verwenden, 
 soweit dies ohne Schadigung der Gesundheit des Zoglings 
 und des Schulunterrichts geschehen kann. Die Verwen- 
 dung des Zoglings in Fabriken und ahnlichen Betrieben 
 ist zu untersagen, bei der Hausindustrie nur mit Genehmi- 
 gung des Fiirsorgers zuzulassen. 
 
 Es ist moglichst darauf zu sehen, dass die Familie dem 
 bisherigen Aufenthaltsorte des Zoglings nicht zu nahe 
 wohnt und dass nicht mehrere Zoglinge in derselben 
 Familie untergebracht werden. . . . 
 
 Auch die Unterbringung des Zoglings in der eigenen 
 Familie ist zulassig. Vorbedingung dafiir ist, dass die 
 Erziehung in einer fremden Familie oder in einer Anstalt 
 den Zogling sittlich gebessert hat und dass die Verhaltnisse 
 der eigenen Familie, dnrch welche die Verwahrlosung des 
 Zoglings verschuldet ist, beseitigt sind, etwa durch Ver- 
 
App. GEEMANY 259 
 
 besserung der wirtschaftliclieii Lage, durch Ausscheiden 
 des schuldigen Elterntheils, durch Verziehen der Familie 
 in eine andere sozial gesundere Umgebung. Durch diese 
 Massregel wird die Fiirsorgeerziehung nioht aufgehoben, 
 der Zogling untersteht der vom Kommunalverbande an- 
 geordneten Aufsicht und kann der Familie jederzeit 
 genommen und anderweit untergebracht werden, wenn 
 sie sich ungeeignet erweist. . . . 
 
 (6) Die Unterbringung in Anstalten erscheint vorzugs- 
 weise angebracht fiir Minder jahrige, die zu geschlechtlichen 
 Ausschweifungen, zum Landstreichen und Verbrechen 
 neigen, oder in anderer Weise sittlich verwahrlost sind, 
 sowie solche, deren korperlicher Zustand eine besondere 
 Pflege unter arztlicher Aufsicht erfordert. Die Zoglinge 
 sollen aber in der Anstalt nur so lange bleiben, als un- 
 bedingt notwendig ist, um sie an Zucht und Ordnung zu 
 gewohrien, leiblich und geistig zu kraftigen. Sobald dieser 
 korperliche und sittliche Eeinigungsprozess beendet ist, 
 sind sie in Familien, wenn moglich unter Aufsicht des 
 Anstaltsvorstehers, der ihren Charakter kennt, unter- 
 zubringen, die Schulpflichtigen in Pflege, die Schulent- 
 lassenen in Gesindedienst oder als Lehrlinge. Fiihren sie 
 sich schlecht oder erweist sich die Familie als ungeeignet, 
 so sind sie in die Anstalt zuriickzunehmen, um geeigneten 
 Falles nach einiger Zeit einen erneuten Versuch mit der 
 Familienerziehung zu machen. . . . Die Anstalten 
 miissen durch ihre Lage, baulichen und gesundheitlichen 
 Einrichtungen und die Gelegenheit, die Zoglinge mit Feld-, 
 Garten-, Haus-, und anderen geeigneten Arbeiten ausser- 
 halb der Unterrichtsstunden zu beschaftigen, den beson- 
 deren Anforderungen der Fiirsorgeerziehung entsprechen 
 und den Zoglingen einen ausreichenden, den Vorschriften 
 fiir die Volksschule gemassen Unterricht gewahren. Die 
 Anstalten sollen nicht zu klein sein, weil dann die wirt- 
 schaftliche Lage meist nicht gestattet, einen padagogisch 
 geschulten Leiter an die Spitze zu stellen und einen 
 ausreichenden Schulunterricht einzurichten, und nicht 
 zu gross, weil dann der Leiter nicht im Stande ist, die 
 
260 THE MAKING OF THE CEIMINAL app. 
 
 Eigenart jedes Zoglings genau kennen zu lernen und ihn 
 dementsprechend zu behandeln. Erfahrungsgemass ist 
 fiir nicht offentliche Anstalten die Einrichtung fiir 50-100 
 Zoglinge die zweckmassigste. . . . Von der Benutzung 
 soloher Anstalten, die in Mitten grosser Stadte oder in- 
 dustrieller Bezirke liegen, wird mogliclist abzusehen sein. 
 . . . Fiir die den Kommunalverbanden gehorenden 
 Anstalten wird es sich empfehlen, sie auf eine Zahl von 
 80-200 Zoglingen konfessionel . . . einzuricliten. Als 
 Leiter der fiir mannliche Zoglinge bestimmten Anstalt ist 
 ein padagogisch gebildeter G-eistlicher oder im offentlicben 
 Schuldienste bewahrter Lehrer zu wahlen, dem die erforder- 
 liche Zahl von Lehrern und Fiihrern beizugeben ist, um 
 unter den Zoglingen zur besseren Uebersicht und Erzie- 
 hung verschiedene Abteilungen bilden zu konnen. Ein 
 ausreichendes Gelande, um darauf die Zoglinge mit Garten-, 
 Feldarbeit und Viehwartung zu bescbaftigen, einige Werk- 
 statten, um mannliche Zoglinge in Handf ertigkeiten, welche 
 fiir ihr spateres Fortkommen von Wertb sind, durch fach- 
 kundige Beamte unterweisen zu lassen, diirfen nicht fehlen. 
 . . . Die Anstalten miissen den schulpflichtigen Zoglingen 
 den vorschriftsmassigen Volksschulunterricht gewahren. 
 Die Schulentlassenen sind in den Zeiten, wo sie nicht mit 
 Arbeiten in der Haus- und Feldwirtschaft beschaftigt 
 werden, in den Unterrichtsgegenstanden der Volksschule 
 waiter zu fordern. . . . 
 
 VI. Vor Ablauf des schulpflichtigen Alters ist recht- 
 zeitig fiir eine den Fahigkeiten und Verhaltnissen des 
 Zoglings passende und thunlichst seinen Wiinschen ent- 
 sprechende Dienst- oder Lehrstelle zu sorgen. 
 
 Als Dienst- oder Lehrherren soUen nur durchaus 
 zuverlassige und tiichtige Personen ausgewahlt werden. 
 Bei etwa abzuschliessenden Lehrvertragen ist die tiichtige 
 Ausbildung im Handwerk innerhalb einer bestimmten 
 Zeit sicher zu stellen. . . . 
 
 VII. Fiir jeden in einer Familie untergebrachten 
 Zogling ist von dem verpfiichteten Kommunalverbande 
 ein Fiirsorger zu bestellen, dessen Aufgabe es ist, sowohl 
 
App. GEEMANY 261 
 
 die Piihrung als auch die Erziehung und Behandlung der 
 ihnen zugewiesenen Zoglinge zu iiberwachen. 
 
 Die noch nicht schulentlassenen Zoglinge hat er von 
 Zeit zu Zeit personlich in der Familie aufzusuchen, sich 
 von der Art der Unterkunft, Verpflegung, Erziehung, 
 Beschaftigung zu iiberzeugen, durch Benehmen mit dem 
 Ortsgeistlichen und der Schulbehorde sich zu vergewissern, 
 das Schul- und Kirchenbesuch regelmassig ist und die 
 vertraglichen Bestimmungen gewissenhaft erfiillt werden 
 und fiir Abstellung etwaiger Mangel zu sorgen. 
 
 Bei den in Dienst oder Lehre stebenden hat er darauf 
 zu halten, dass der Verdienst der Zoglinge in angemessener 
 Weise verwendet und ein Theil desselben auf der Spar- 
 kasse belegt wird. Halbjahrlich hat der Fiirsorger an den 
 vom Kommunalverbande bezeichneten Beamten iiber 
 seine Wahrnehmungen kurz zu berichten. . . . 
 
 Der Fiirsorger ist so zu wahlen, dass er am Orte selbst, 
 wo der Zogling untergebraoht ist, oder doch so nahe 
 wohnt, dass die personliche Aufsicht nicht erschwert wird 
 und dass er, wenn irgend moglich, dem religiosen Bekennt- 
 nisse des Zoglings angehort. Um die Uebernahme des 
 Amtes sind in erster Linie die zustandigen Ortsgeistlichen, 
 Lehrer, Mitglieder von Waisenrathen oder Erziehungs- 
 vereinen zu ersuchen ; andere geeignete Personlichkeiten 
 sind mit Hiilfe der Geistlichen und Gemeindevorstande 
 zu ermitteln. 
 
 VIII. Das Amt des Fiirsorgers ist ein Ehrenamt, noth- 
 wendige baare Auslagen werden erstattet. Der Vorstand 
 einer unter Verwaltung des Kommunalverbandes stehenden 
 Erziehungsanstalt iibt . . . ohne Weiteres die Eechte 
 und Pflichten eines Vormundes iiber die Anstaltszoglinge 
 aus ; der Vorstand einer kirchlichen oder Privatanstalt 
 kann ebenfalls auf Antrag des Kommunalverbandes zum 
 Vormunde der Zoglinge bestellt werden. In beiden Fallen 
 darf dem Vormund dieses Amt auch iiber die Zeit der 
 Entlassung des Zoglings aus der Fiirsorgeerziehung bis zu 
 dessen Volljahrigkeit belassen werden. 
 
 IX. Die Fiirsorgeerziehung endigt mit der Minderjahrig- 
 
262 THE MAKIISrG OF THE CEIMINAL app. 
 
 keit. . . . Die Entlassung erfolgt endgiiltig oder auf 
 Widerruf. Die Erstere soil nur dann statthaben, wenn 
 der Zogling in vollstandig gesicherte Verhaltnisse ein- 
 getreten ist, welche eine abermalige Verwahrlosung so 
 gut als ausgeschlossen erscheinen lassen. Die Aufhebung 
 der Fiirsorgeerziehung unter Vorbehalt des Widerrufs soil 
 erfolgen, wenn die Fiihrung des Zdglings und die Verhalt- 
 nisse, in welche er eintritt, zur Zeit die Aufhebung recht- 
 fertigen, es aber zweifelhaft erscheint, ob beide von Dauer 
 sein werden. 
 
 Die Aufhebung der Fiirsorgeerziehung auf Widerruf ist 
 an die Bedingung zu kniipfen, dass sich der Minderjahrige 
 der vom Kommunalverbande iiber ihn angeordneten Auf- 
 sicht unterstellt. Entzieht er sich dieser Aufsicht oder 
 lassen seine Fiihrung und Lebensverhaltnisse eine aber- 
 malige Verwahrlosung befiirchten, so ist er in die Fiir- 
 sorgeerziehung zuriickzunehmen. Die Ueberwachung des 
 Minderjahrigen wird am zweckmassigsten dem bisherigen 
 Fiirsorger iibertragen, sie darf nicht durch polizeiliche 
 Organe ausgeiibt werden. 
 
 VORBERICHT, S. XXXVIII. XXXIX. 
 
 Die Klagen iiber die Schwierigkeiten, welche die 
 erziehliche Behandlung der alteren, sittlich und sozial 
 verdorbenen Zoglinge bereitet, werden von alien Seiten 
 wiederholt. . . . eine Frage ist, ob wir mit der Behand- 
 lung dieser alteren Zoglinge auf dem richtigen Wege sind. 
 Es isteinmal gesagt worden : "Das Buch der Padagogik 
 fiir diese Zoglinge solle erst noch geschrieben werden," 
 und man konnte hinzufiigen " die Praxis in der Behand- 
 lung dieser Jugendlichen soil erst gelernt sein." Wir 
 beschaftigen uns mit diesen Elementen erst seit vier 
 Jahren, ob unsere jetzige Methode der Behandlung rich tig 
 ist, die sich wesentlich anlehnt an die Behandlung der 
 Kinder, und wo diese versagt, zu Mitteln greift, die an 
 das G-efangnis und Korrektionshaus erinnern ; ob es richtig 
 ist, auch bei den alteren Zoglingen die freie Bewegung 
 
App. GEEMANY 263 
 
 auf das Engste zu beschranken, Zoglinge, die aus industri- 
 ellen Kreisen stammen und nach erreichter Volljahrigkeit 
 dahin zuriickkehren, in landliohe Verhaltnisse und zu 
 landlicher Arbeit zu zwingen, mag dahin gestellt sein. 
 Jedenf alls sind die Versuche, diesen Zoglingen eine gewisse 
 Freiheit der Bewegung in der Erlangung und Auswahl 
 ihrer Arbeit zu gewahren, sie nicbt in Familien unterzu- 
 bringen, sondern ihnen Unterkunft in Jugend- Lebrlings- 
 oder Gesellenheimen zu sichern, die ganze Aufsicht iiber 
 sie mehr vormundschaftlicli als erziehlich zu gestalten, der 
 Beachtung wert. 
 
 VORBERICHT (APPENDIX TO CHAPTER XL), S. XXXIV. 
 
 In der erzieblichen Behandlung der Fiirsorgezoglinge 
 hat sich ergeben, dass bei diesen Jugendlichen von sechzehn 
 Jahren aufwarts und auch schon friiher eine verbrecherische 
 Beharrlichkeit vorhanden ist, wie man sie nur bei alten 
 erfahrenen Verbrecbern findet. Mit List, und wenn 
 das nicht gelingt, mit roher Gewalt, die vor Mord und 
 Totschlag nicht zuriickschreckt, suchen sie der Erziehung 
 zu entfliehen. " Lieber Strafling als Zogling," kann man 
 oft aus ihrem Munde horen. Die im Gefangnis gewesen 
 sind, halten das nicht fiir eine Schande, sie glauben 
 dadurch aus Kindern Manner geworden zu sein. Die 
 Behandlung als Zogling beleidigt ihre Grossmannssucht. 
 Das drangt darauf bin, auch im Strafrecht Jugendliche 
 nicht zu behandeln wie Erwachsene ; den verhangnisvollen 
 Zug der Friihreife, der durch unsere gesamte heutige 
 Jugend geht und den wir durch Gesetz und Sitte gefordert 
 haben, wenigstens auf dem Gebiete des Strafrechts zuriick- 
 zudrangen. Man wird der Einrichtung besonderer 
 Jugendgerichtshofe, eines besonderen von dem fiir Er- 
 wachsene verschiedenen Verfahrens, bei dem vor allem 
 die Oeffentlichkeit ausgeschlossen und nur die gesetzlichen 
 Vertreter des Kindes und die Auskunftspersonen, welche 
 das Gesetz bestimmt oder der Gerichtshof auswahlt, 
 zugelassen werden diirfen, naher treten miissen. Der 
 
264 THE MAKING OF THE CEIMINAL app. 
 
 Jugendliche darf nicht das Eecht haben sich selbst zu 
 vertreten, es soil ihm aus der ganzen Verhandlung klar 
 werden, dass er kein selbstandiger, sondern ein bevor- 
 mundeter Mensch ist. Solche Gerichtshofe sind in den 
 Vereinigten Staaten von Amerika, in Canada, in Australien 
 eingerichtet und haben sich bewahrt. 
 
 TRANSLATION 
 
 Law of July 2, 1900, for the Guardianship- 
 Education OF Minors 
 
 § 1. A minor who has not yet completed his eighteenth 
 year can be consigned to Guardianship-Education (literally 
 " Upbringing under Oare ") ; 
 
 (1) "When Guardianship-Education is necessary to guard 
 against the abandonment of the minor. 
 
 (2) When the minor has committed a punishable offence 
 for which on account of his youth he cannot be penally 
 prosecuted, and, taking into consideration the nature of 
 the act, the personality of the parents or other persons 
 responsible for his upbringing, and the other circumstances 
 of his life, Guardianship-Education is necessary to prevent 
 further moral abandonment. 
 
 (3) When, in addition to the above cases. Guardianship 
 Education, on account of the inadequacy of the educational 
 influence of the parents or other persons responsible for 
 his upbringing, or of the school, is necessary to prevent 
 the complete moral ruin of the minor. 
 
 § 2. Guardianship-Education is carried out under public 
 control and at public expense, in a suitable family or in 
 an educational institution or Reformatory. 
 
 § 3. Disposal for Guardianship-Education ensues when 
 the Court of Guardianship has by its decision established 
 the existence of the hypotheses of Section 1 by designating 
 
App. GEEMANY 265 
 
 the facts held to be proved, and has given orders for 
 such disposal. 
 
 § 4. . . . Before making a decision the Court of Guardian- 
 ship shall, in so far as it can be managed without serious 
 difficulty, hear the parents, the legal representative of 
 the minor, and in all cases the parochial authorities, the 
 clergyman of the district, and the manager or master of 
 the school attended by the minor ; if the decision does not 
 result in a proposal, the Court of Guardianship must also 
 communicate the proceedings to the Landrath ( = sheriff, 
 lieutenant of a county), and give him an opportunity of 
 expressing an opinion. . . . 
 
 § 5. When there is danger in delay the Court of 
 Guardianship can order the temporary disposal of the 
 minor. In this case the police authorities of his domicile 
 have to see to the disposal of the minor in an institution 
 or in a suitable family. 
 
 § 9. The carrying out of Guardianship - Education 
 devolves upon the responsible local authorities ("Com- 
 munal Associations "), who decide as to the manner of 
 the disposal of the minor. . . . The local authorities 
 must communicate the disposal and discharge of the pupil 
 to the Court of Guardianship. The transfer of the pupil 
 devolves upon the police authorities of his domicile. 
 
 § 10. For the carrying out of a Guardianship-Education 
 already begun, upbringing in the pupil's own family under 
 surveillance of the local authorities can be directed, subject 
 to revocation. 
 
 § 11. For every pupil placed in a family the local 
 authorities must appoint a " Ftirsorger " ( = probation- 
 officer), for the supervision of his upbringing and treat- 
 ment. Women too are eligible for these appointments. 
 
 § 13. Guardianship-Education ends with the attainment 
 of majority. 
 
 Earlier discharge from Guardianship-Education follows 
 a decision of the local authorities, on official initiative, or 
 on appeal of the parents or legal representative of the 
 minor, when the purpose of Guardianship-Education has 
 
266 THE MAKING OF THE CEIMINAL app. 
 
 been attained, or the attainment of its purpose by other 
 methods assured. Discharge can be determined with the 
 reservation that it is revocable. . . . An appeal that has 
 been dismissed cannot be renewed before six months have 
 elapsed. 
 
 § 14. The provincial authorities ... are responsible 
 for effecting the disposal of the minor in a manner con- 
 formable to the provisions of this Law. They must see to 
 the erection of educational institutions and Reformatories 
 in so far as opportunity is lacking for placing the pupils 
 in suitable families, or in public, church, or private insti- 
 tutions ; they must also, in so far as is necessary, provide 
 for suitable employment and lodging on the termination of 
 Guardianship-Education. 
 
 § 15. The local authorities receive from the Public 
 Exchequer a contribution to the expenses borne by them 
 to the amount of two-thirds of these expenses. The 
 amount of the contribution is settled annually on the 
 liquidation of the sum expended in the previous year, or 
 periodically settled as a lump sum by the Minister of the 
 Interior in agreement with the individual local authorities. 
 
 § 23. This law comes into force April 1, 1901. 
 
 Instructions for carrying out the Law 
 
 The Law for Guardianship-Education is an extension of 
 the Law of March 13, 1878. . . . The new Law pursues 
 the same aim as the old : the creation of principles resting 
 on Law, for the prevention of the abandonment of young 
 persons, and to prevent their falling into crime, or to 
 preserve abandoned or criminal juveniles from further or 
 complete moral ruin. The Guardianship-Education based 
 upon this Law is only one of the manifold legal and 
 administrative measures for securing the well-regulated 
 upbringing of the young. It intervenes with such force 
 in the relations of the child to his parents and family that 
 in many cases its consequence is complete alienation from 
 the family. Recourse therefore should only be had to it 
 
App. GEEMANY 267 
 
 when all other means cat disposal for securing a well- 
 regulated upbringing fail. . . . 
 
 I. Minors may be handed over to Guardianship-Educa- 
 tion up to the completion of their eighteenth year : 
 
 1. When children under parental authority, owing to 
 the guilty conduct of their parents, are in danger of 
 becoming abandoned. 
 
 Guilty conduct exists when the spiritual or bodily 
 welfare o'f the child is endangered, by the father or mother 
 . . . misusing the right of solicitude for its person, 
 neglecting it, or when they are guilty of discreditable or 
 immoral behaviour. 
 
 2. When Guardianship-Education is necessary to pre- 
 vent the abandonment of a minor in the care, of a guardian. 
 
 3. When minors without any fault of the parents 
 become abandoned, and the influence of the parents or 
 other persons responsible for their upbringing, or that of 
 the school, is not sufficient to prevent complete moral 
 ruin. 
 
 As by " abandonment " not alone moral but also 
 mental and material abandonment is to be understood, 
 under No. 1 are comprised all cases in which parents 
 ill-treat their children, give no attention to their bodies, 
 constrain them to labour requiring over - exertion and 
 deleterious to their physical and mental development, keep 
 them from school in a way which endangers the attain- 
 ment of the aims of the school or fail to prevent them from 
 associating with criminals and from committing punish- 
 able acts. Similarly when the father or mother is guilty 
 of drunkenness, vagrancy, begging, habitual thieving, pros- 
 titution, procuration, or any other dishonourable conduct. 
 Under No. 3 those minors are especially denoted who 
 withdraw themselves from or resist the supervision of 
 parents and teachers, and against their wish frequent bad 
 company in which they are incited to profligacy and the 
 commission of punishable offfences. . . . 
 
 II. The subordinate police and parish authorities, the 
 Guardians of the Poor and of Orphans, are to be directed 
 
268 THE MAKING OF THE CEIMINAL app. 
 
 to bring to the knowledge of the authorities whose duty- 
 it is to move in the matter all cases in which children are 
 ill-treated, neglected, or bodily or mentally abandoned 
 by parents and persons responsible for their upbringing, 
 or in which minors have committed a punishable offence, 
 or taken to an irregular, dissolute life which the influence 
 of church, school, and home is powerless to check. 
 Clergymen, doctors, and teachers are specially called 
 upon, when on the strength of this Law the application 
 of Guardianship -Education appears necessary, duly to 
 notify the case. 
 
 It must be endeavoured that when notification is made 
 and information lodged the facts on which the proceedings 
 are grounded be specified exactly, and in so far as pos- 
 sible that the requisite means of proof and witnesses be 
 indicated. Notification must be made and information 
 lodged in good time, i.e. when abandonment is not already 
 advanced but at its commencement, as Guardianship- 
 Education then has most prospect of success. 
 
 The governors of prisons in which convicted juveniles 
 are undergoing punishment must discuss with the Board 
 of senior officials, to which the chaplain, doctor, and 
 schoolmaster belong, or where such Boards do not exist, 
 with the chaplain and schoolmaster of the institution, 
 whether Guardianship -Education on the completion of 
 punishment appears necessary. When the decision is 
 affirmative, it must be communicated in good time, so 
 that when possible the proceedings may be ended before 
 the expiration of the sentence, and the disposal for 
 Guardianship follow immediately on the completion of 
 punishment. . . . 
 
 When minors are placed under the surveillance of the 
 police before the completion of their eighteenth year, the 
 presidents of the provincial councils must direct the 
 authorities of the locality to move the adoption of 
 Guardianship -Education, when the commitment of the 
 minor to an educational establishment, Reformatory, or 
 asylum cannot be assured in any other way. 
 
App. GEEMANY 269 
 
 Note. — (When a person is placed under the surveillance 
 of the police, the authorities are empowered to commit 
 him for two years to a workhouse or employ him on 
 works of public utility. The police, in lieu of committing 
 the convicted person to a workhouse, may commit him 
 to a Reformatory, educational establishment, or asylum ; 
 commitment to a workhouse is inadmissible if at the time 
 of conviction the condemned person has not completed 
 his eighteenth year. 
 
 At the time of condemnation to (simple) imprisonment 
 it may be decreed that the condemned person shall, on 
 completion of sentence, be placed under surveillance of 
 the police. 
 
 With (simple) imprisonment is punished : 
 
 3. Whoever wanders about as a vagrant ; 
 
 4. Whoever begs, or induces or sends out children to 
 beg, or fails to restrain from begging persons under his 
 authority and care, or living in his house ; 
 
 5. Whoever is so addicted to gambling, drink, or 
 idleness that he gets into a condition in which, for his 
 own support or the support of those dependent on him, 
 he must, through the medium of the authorities, lay 
 claim to extraneous help ; 
 
 8. Whoever after the loss of his previous means of 
 subsistence has not, within the time prescribed by the 
 proper authorities, obtained other means of subsistence, 
 and cannot demonstrate that he has been unable to do so 
 in spite of efforts to that end.) 
 
 As soon as the Landrath is notified of the decision of 
 the Court of Guardianship respecting commitment to 
 Guardianship -Education, he must without delay make 
 a communication to the Landesdirektor of the responsible 
 local Board concerning the personal, domestic, and 
 economic circumstances of the person committed, and at 
 the same time state authoritatively whether consignment 
 to a family or to an institution appears to him more 
 appropriate. . . . 
 
 IV. The transfer of the pupil to the family or 
 
270 THE MAKING OF THE CEIMINAL app. 
 
 institution appointed for his reception must be arranged 
 by the police authorities of his domicile. His escort 
 must be selected with especial care. . . , 
 
 V. The putting into execution of Guardianship- 
 Education devolves as hitherto upon the local authorities ; 
 they decide whether the pupil shall be consigned to a 
 family or to an educational establishment, and exercise 
 supervision over him until the Guardianship-Education 
 is at an end. In Guardianship-Education the chief end 
 to be kept in view is that the pupils, rescued from 
 abandonment, should be brought up to be religious and 
 moral beings, and trained as useful workers, preferably for 
 agricultural pursuits. 
 
 (a) As long as the aims of Guardianship-Education 
 can at all be attained by consignment to a family, this is 
 to be preferred. Eecourse will be had to this from the 
 outset when the pupil has not passed the age of school 
 attendance and there is no serious moral depravity ; or 
 after preliminary training in an institution, which has 
 accustomed the pupil to decency and order, and 
 strengthened him in body, mind, and morals. In 
 the choice of families the greatest regard must be had 
 to their offering security for the serious religious and 
 moral upbringing of the pupils. . . . Families which 
 live in the country or in small towns and oflFer the pupils 
 the opportunity of occupying themselves with field and 
 garden work are especially to be preferred. Families which 
 live in large towns or thickly-populated industrial districts 
 are as far as possible to be avoided. The family must belong 
 to the same religious denomination as 'the pupil. In the 
 case of children no longer attending school this regulation 
 may, as an exception, be disregarded when a suitable 
 family of the same denomination cannot be found at all, 
 or can only be found in such places as offer especial 
 difficulties as to the supervision of the pupil. In this 
 case, however, the regular attendance of the pupil at the 
 divine service of his own denomination must be assured. 
 
 A contract is to be entered into with the head of the 
 
App. GEEMANY 271 
 
 family with regard to the reception of the pupil, by which 
 he shall bind himself to receive the pupil into his family 
 circle, to bring him up religiously and morally, to make 
 him regular in attendance at church and school and in the 
 preparation of his school tasks, as well as to insist on 
 order, cleanliness, and industry, to give him appropriate 
 accommodation with a separate bed, wholesome and 
 sufScient food, clothing appropriate to his circumstances 
 and clean, in case of illness nursing and medical attend- 
 ance, to instruct and employ him in the domestic and 
 field work suitable to his age and sex so far as this may 
 be done without detriment to health and school education. 
 The employment of the pupil in factories and similar 
 works is forbidden, in domestic work only admissible with 
 the consent of the Fiirsorger. 
 
 As far as possible it must be seen to that the family 
 does not live too near the pupil's previous residence, and 
 that several pupils are not placed in the same family. 
 
 The consignment of the pupil to his own family is 
 also admissible. A preliminary condition is that up- 
 bringing in another family or in an institution has 
 effected the moral reformation of the pupil, and that 
 the conditions in his own family to which his abandonment 
 was due have been put an end to, either through 
 improvement of the economic situation, by the departure 
 of a guilty parent, or by the removal of the family to a 
 different and more healthy social environment. These 
 measures do not annul Guardianship -Education ; the 
 pupil is subject to the supervision enjoined by the 
 local authorities, and may at any time be taken from 
 his family if it prove unsuitable, and located else- 
 where. . . . 
 
 (b) Consignment to institutions appears pre-eminently 
 appropriate for minors inclined to licentiousness, vagrancy, 
 and crime, or otherwise morally abandoned, as well as for 
 those whose physical condition demands special care under 
 medical superintendence. But the pupils must only remain 
 in an institution so long as is absolutely necessary to ac- 
 
272 THE MAKING OF THE CEIMINAL app. 
 
 custom them to decency and order, and strengthen them 
 in body and mind. As soon as this process of physical 
 and moral purification is accomplished, they are to be 
 consigned to families, if possible under supervision of the 
 head of the institution, who knows their character, — those 
 who attend school in tutelage, those who have left school 
 in domestic service or as apprentices. If they behave 
 badly, or the family prove unsuitable, they are to be 
 taken back to the institution, and after a time, when suit- 
 able occasion offers, a renewed attempt at upbringing in a 
 family is to be made. . . . 
 
 The institutions must accord with the special demands 
 of Guardianship-Education in situation, architectural and 
 hygienic arrangements, and the opportunity provided for 
 employing the pupils with field, garden, house, and other 
 appropriate work outside the hours of instruction, and 
 must secure to the pupils sufficient instruction, as pre- 
 scribed in the Elementary Schools. The institutions must 
 not be too small, as then the economic circumstances, as 
 a rule, do not permit of placing a well-educated principal 
 at the head, and of arranging for adequate school instruc- 
 tion, and not too big, as then the principal is not in a 
 position to become accurately acquainted with the indi- 
 vidual personality of each pupil and treat him accordingly. 
 According to experience, an establishment, in the case 
 of private institutions, for 50 to 100 pupils is most 
 appropriate. . . . 
 
 The use of institutions situated in the middle of large 
 towns or industrial districts is as much as possible to be 
 avoided. . . . 
 
 It is advisable to establish the institutions belonging to 
 the local authorities on a denominational basis for from 
 80 to 200 pupils. As principal of an institution for male 
 pupils should be selected a clergyman with a scholastic 
 training, or an approved schoolmaster in the public service, 
 with such number of teachers and trainers as assistants 
 as is necessary to form various divisions of pupils for 
 their better supervision and education. There must not 
 
App. GEEMANY 273 
 
 be wanting a sufficient tract of land to occupy the pupils 
 with garden and field-work and the care of cattle, and 
 some workshops, so that male pupils may be trained by 
 skilled officials in manual industries of value to them 
 in hereafter gaining a livelihood. . . . 
 
 Institutions must provide pupils of school age with the 
 regulation elementary school instruction. Those past the 
 school age, when not occupied with domestic and field-work, 
 are to be advanced in elementary education subjects. . . . 
 
 VI. Before the expiration of the age for school attend- 
 ance, a situation in service or as apprentice, suitable to 
 the capacity and circumstances of the pupil, and as much 
 as possible in conformity with his wishes, is to be arranged 
 for in good time. 
 
 Only thoroughly reliable and capable persons are to be 
 selected as masters or employers. If contracts of appren- 
 ticeship are drawn up, a sound training in the trade 
 within a certain period is to be guaranteed. . . 
 
 VII. For every pupil consigned to a family a Filrsorger 
 (probation-officer) must be appointed by the responsible 
 local authorities, whose task it is to supervise the conduct, 
 upbringing, and treatment of the pupils committed to their 
 care. 
 
 Pupils still attending school he must in person visit 
 at the home, convince himself of the nature of the accom- 
 modation, food, upbringing, and occupation, by interviews 
 with the clergy and school authorities of the place assure 
 himself that school and church are regularly attended 
 and that the conditions of the contract are conscienti- 
 ously fulfilled, and must see to the putting right of any 
 defects. . . . 
 
 In respect of those in service or apprenticeship, he 
 must insist that proper use is made of the pupils' earnings, 
 and a part placed in the savings bank. Twice a year the 
 Filrsorger must make a report on the results of his in- 
 vestigations to the officials indicated by the local 
 authorities. . . . The Filrsorger must be so selected 
 that he lives either in the very place where the pupil is 
 
 T 
 
274 THE MAKING OF THE CEIMINAL app. 
 
 located, or so near that personal supervision is not difficult, 
 and so that, if possible, he belongs to the same religious 
 persuasion as the pupil. Competent clergymen of the 
 place, teachers, members of boards of guardianship for 
 orphans or educational societies are especially to be 
 desired to undertake' the office ; other suitable persons 
 may be found with the help of the clergy and parochial 
 authorities. . . . 
 
 Vin. The office of Fiirsorger is an honorary post; 
 necessary disbursements will be refunded. The governing 
 body of an educational institution under the control of 
 the local authorities exercises . . . without further ado 
 the rights and duties of a guardian over the pupils of the 
 institution ; the governing body of a church or private 
 institution can equally, on the proposal of the local 
 authorities, be appointed as guardian of the pupils. 
 In both cases the guardian may continue to exercise 
 this office after the discharge of the pupil from Guardian- 
 ship-Education until he attains his majority. 
 
 IX. Guardianship-Education ends with the attainment 
 of majority. . . . 
 
 Discharge is final or revocable. It shall only be final 
 when the pupil has entered into completely assured circum- 
 stances such as appear to pi'actically exclude a renewal 
 of abandonment. The repeal of Guardianship-Education 
 with the proviso of revocation shall ensue when the con- 
 duct of the pupil and the circumstances into which he 
 enters at the time justify the repeal, but it appears 
 doubtful whether both these things will be durable. 
 
 The revocable repeal of Guardianship-Education is to 
 be united with the condition that the minor submit him- 
 self to the surveillance over him directed by the local 
 authorities. If he withdraw himself from this surveillance, 
 or if his conduct and conditions of life cause a renewal of 
 abandonment to be feared, he is to be taken back to 
 Guardianship-Education. The supervision of the minor 
 will most appropriately be entrusted to his previous Fiir- 
 sorger ; it must not be exercised by police authorities. 
 
App. GEEMANY 275 
 
 Preface to the Report for 1904, pp. xxxviii, 
 
 XXXIX 
 
 Complaints over the difficulties caused by the educa- 
 tional treatment of the older morally and socially 
 depraved pupils are repeated on every side ... it is 
 a question whether we are on the right track as regards 
 the treatment of these older pupils : "The handbook 
 of educational science for these pupils has yet to be 
 written," and one might add, " A practical method of deal- 
 ing with these juveniles has yet to be learnt." It is only 
 during the last four years that we have concerned our- 
 selves with these elements, and it is a question whether 
 our present method of treatment, which in substance 
 resembles the treatment of children, and, when that fails, 
 has recourse to measures which recall the prison and 
 House of Correction, is the right one ; a question whether 
 it is right to impose the narrowest limits on the free move- 
 ment of the older pupils, to constrain pupils who come 
 from industrial circles, and, on attaining their majority, 
 return to them, to rural conditions and rural labour. In 
 any case, the attempts to give these pupils a certain 
 freedom of movement in the choice and obtaining of their 
 work, not to place them in families, but to secure their 
 accommodation in youths', apprentices', or working-men's 
 homes, to render the whole surveillance over them more 
 that of a guardian than of an educator, are worth con- 
 sideration. 
 
 Preface (Appendix to Chapter XI.), p. xxxiv 
 
 In the educational treatment of the Guardianship pupils 
 it has appeared that in these juveniles of sixteen years and 
 upwards, and even earlier, a criminal persistency is present 
 such as one finds only in old experienced criminals. By 
 craft, and, when that fails, by rude violence, which does 
 not shrink from murder and homicide, they seek escape 
 
276 THE MAKING OF THE CEIMINAL app. 
 
 from the " Education." " Better a convict than a ' pupil,' " 
 one hears often from their lips. Those who have been in 
 prison think it no shame ; they believe that by it they 
 have from children become men. The treatment as pupils 
 offends theii ambition to be considered as men. This 
 urges us in criminal jurisprudence also not to treat juveniles 
 as adults ; and at least in this realm to resist the fatal 
 characteristic of precocity which penetrates our entire 
 present-day youth, and which we have furthered by law 
 and custom. We shall have to advance to the institution 
 of special juvenile courts, of a special procedure differing 
 from that used for adults, above all excluding publicity, 
 and only admitting the legal representatives of the child 
 and the persons appointed by law or selected by the 
 Court to give information. The juvenile must not have 
 the right to plead his own cause ; the whole proceedings 
 must make it clear to him that he is not an independent 
 person, but under guardianship. Courts of this kind 
 have been established in the U.S.A., in Canada, and in 
 Australia, and have demonstrated their usefulness. 
 
 Statistics of Guardianship-Education 
 
 From the three first years there remained on March 31, 
 1904, out of a total of 20,506, 20,064 pupils. Of these, 
 779 were discharged in the course of 1904 : — 
 
 82 died. 
 6 were transferred to correctional education 
 (" Zwangserziehung "). 
 370 were unconditionally discharged. 
 321 „ conditionally „ 
 
 779 
 
 27 of those discharged were recalled. 
 
 With regard to male pupils over sixteen years of age : — 
 Of 1541 of the years 1901 and 1902— 
 
App. GEEMANY 277 
 
 1310 had been previously punished. 
 
 117 showed evil tendencies. 
 
 114 were unpunished and "free from evil tendencies." 
 
 1541 
 
 Of these youths 26 died and 362 were discharged : — 
 
 106 on reaching their majority. 
 
 85 as military recruits. 
 
 60 definitely, as a result of good conduct. 
 
 101 conditionally. 
 
 10 on other grounds. 
 
 362 
 
 The working of the Law up to March 31, 1905, i.e. 
 during the first four years, showed that of male pupils 
 over sixteen — 
 
 1075 had been placed in institutions. 
 305 still remained „ ,, 
 
 58 had been originally placed in families as prot6g6s, 
 apprentices, or servants. 
 546 were in families on March 31, 1905. 
 
 96 „ prison ,, ,, 
 
 212 had escaped from the operation of the Law. 
 8 were in hospitals, etc. 
 
 Of the worst group, youths with evil tendencies and a 
 record of previous punishment, on the expiration of the 
 four years 41 "4 per cent were living in families. 
 
 With regard to the time spent in institutions before 
 transference to families, out of 832 lads — • 
 
 123 were less than six months in an institution. 
 • 366 „ „ one year „ „ 
 
 307 „ „ two years 
 
 34 „ „ three „ 
 
 2 „ over three years ,, „ 
 
 832 
 
 23 were transferred from families to institutions. 
 
278 THE MAKING OF THE CEIMINAL app. 
 
 Of a total of 1153 youths actually under the operation 
 of the Law on March 31, 1905, 204 or 17'7 per cent had 
 in the course of their Guardianship-Education come under 
 the notice of the Law and been punished; of these 161 
 after effecting their escape. 
 
 As to conduct, statistics are only obtainable in respect 
 of 997 of the above. They are as follows : — 
 
 Improved 
 Worse. . 
 
 Very good, good, pretty good, 
 
 satisfactory, fair 
 Unsatisfactory, bad 
 
 249 
 146 
 
 785 or 78-7 per cent. 
 212 „ 21-3 „ 
 
 997 100-00 
 
 Of 106 pupils discharged on attainment of their twenty- 
 first year the conduct was : — 
 
 Improved 
 Worse . 
 
 Very good, etc. 
 Unsatisfactory, bad 
 Escaped or in prison 
 
 106 10000 
 
 27 
 
 
 
 14 
 
 
 
 67 or 
 
 63-2 
 
 per cent 
 
 12 „ 
 
 11-3 
 
 )j 
 
 27 „ 
 
 25-5 
 
 )) 
 
HOLLAND 1 
 
 Dans le Code civil on a introduit la d^chkmce de la 
 puissance paternelle. ... Par la loi nouvelle, la d6cli6ance 
 pourra Stre obtenue jusqu'^ la majority de I'enfant. 
 Peuvent etre d6clar6s d^chus le pere ou la mere ; 1° qui 
 abusent de leur puissance paternelle ; 2° qui manquent 
 gravement aux devoirs d'entretenir et d'61ever leurs 
 enfants ; 3„ qui menent une mauvaise conduite ; 4° qui 
 sent condamn^s, soit k une peine d'emprisonnement de deux 
 ans ou plus, soit pour un crime ou d61it commis de com- 
 plicity avec un mineur soumis a leur autorit6, soit pour 
 un crime ou d61it commis enmrs un mineur soumis a leur 
 autorit6. . . . 
 
 Une seconde institution est 6troitement jointe a la 
 d6ch6auce : la didiarge de la puissance paternelle. Celle-ci 
 n'a pas un caractere infamant et ne peut 6tre prononc6e 
 que si le p6re ou la m^re ne s'y opposent pas. Mais les 
 pere ou mere n'ont pas la faculty de demander eux-mgmes 
 leur d^cbarge ... la d6charge est destin6e k offrir un 
 moyen pour procurer une meilleure Education aux enfants 
 des parents de bonne valont6, mais de forces insufBsantes ; 
 et non pas pour d^barrasser les parents nonchalants. 
 
 La d6cb6ance et la d6charge produisent Tune et I'autre 
 un effet identique : la puissance du pere ou de la mere 
 cesse absolument. . . . Au lieu de nommer une personnne, 
 
 1 Mevue PiniUntiavre. Nov. -Dec. 1905. Paris. Dr. J. A. van 
 Hamel, "La Nouvelle Legislation pour la Protection de I'Enfance 
 en HoUande." 
 
 279 
 
280 THE MAKING OF THE CEIMINAL app. 
 
 le tribunal pourra aussi d6f6rer la tutelle k une sooi6t6 
 priv6e qui s'est d6clar6e pr^te a reoevoir le mineur. . . . 
 Le Gouvernement peut subventionner les soci6t6s pour 
 chaque enfant enlev6 aux parents, selon une 6clielle d^ter- 
 min6e. . . . Les Soci6t6s peuvent recevoir les enfants dans 
 les 6tablissements ou les faire Clever chez des personnes 
 privies. Elles ont tous les pouvoirs d'un tuteur, jusqu'^ 
 la majority de I'enfant. Pour les pupilles intraitables 
 elles peuvent obtenir le placement gratuit dans une maison 
 d'6ducation oorrectionnelle gouvernementale. . . . Malgr6 
 la d6ch6ance ou la d6charge, I'obligation alimentaire con- 
 tinue k reposer sur les parents. Le juge en pronon9ant 
 sur la tutelle, fixera le montant de la pension qu'ils 
 devront payer, Cette dette pourra ^tre recouvr<^e par le 
 conseil des tutelles sur les salaires du parent, en ce sens 
 que le patron de celui-ci sera oblig^ de retenir la somme 
 fix6e par le juge, et cette somme sera pay6e directement 
 au conseil des tutelles. 
 
 . . . Occupons-nous des innovations apport^es dans la 
 legislation p6nale. Mais constatons d'abord que le point 
 de vue de la legislation ne diflffere pas intrins6quement 
 selon que I'enfant a commis ou non un fait punissable. . . . 
 En principe la loi place sur le m6me pied tous les enfants 
 adolescents jusqu'a I'^ge de dix-huit ans (majority p6nale). 
 . . . L'age qui limite rapplication des mesures sp6ciales 
 de correction est ^lev6 de 16 k 18 ans, et les mesures 
 p6nales seront aussi applicables aux enfants au-dessous de 
 10 ans. . . . 
 
 Le 16gislateur a particulierement fix6 son attention sur 
 le pli6nom6ne de la r^cidive. 
 
 (Pour les contraventions) on pourra appliquer d^sormais 
 la rSprimande, la condamnation conditionnelle et, en cas de 
 r6cidive, Vamende et Vicole de discipline. Les memes peines 
 sont prescrites pour les auteurs de crimes ou dilits au 
 dessous de 18 ans ; pour une premiere contravention 
 I'amende et I'^cole de discipline sont applicables k ceux 
 de 14 a, 18 ans seulement. 
 
 Li'^cole de discipline sera la seule peine privative de 
 
App. HOLLAND 281 
 
 liberty pour les jeunes d61inquants. ... La peine n'est 
 applicable que pour crimes et d^lits, et en cas de r^cidive 
 seulement pour les contraventions. La dur6e en est 
 limit^e k un minimum g6n6ral d'un mois, et k un maxi- 
 mum g6n6ral de six mois ou d'une ann6e au plus, selon 
 r&ge (plus ou moins de 14 ans) et la gravity de I'infraction. 
 Le d6tenu ne sera isol6 des autres que pendant un mois ou 
 plus apres son entree. Get espace de temps servira au 
 directeur et aux instituteurs pour I'observer et se rendre 
 compte des exigences sp^ciales du cas. Le reste du temps 
 sera pass6 avec les autres jeunes detenus, une cinquantaine 
 au plus. lis recevront I'enseignement primaire et seront 
 occup6s k un travail manuel. Les 6coles de discipline sont 
 baties dans de jolis sites, et les detenus feront de la 
 gymnastique, des promenades, se livreront k des jeux en 
 plein air, etc. Une classe de discipline et une classe de 
 faveurs speciales completent cet 6tablissement, qui doit 
 offrir un caractere distinct de peine, mais de peine logique 
 et p6dagogique. 
 
 La riprimande, k prononcer par le president de la 
 chambre ou par le juge de paix, est la peine la moins 
 forte, applicable pour les contraventions et pour les crimes 
 et d61its commis par des mineurs de 14 ans. ... A la 
 r^primande peut 6tre jointe une condamnatimi conditionnelle 
 k r^cole de discipline avec un sursis d'un a deux ans. 
 C'est pour la premiere fois, et pour ce cas special, que la 
 condamnation conditionnelle est introduite dans notre pays. 
 Quant k I'amende . . . I'officier du ministere public pourra 
 r6clamer au patron du d61inquant une retenue directe sur 
 le salaire. 
 
 A r6l6vation de la limite d'fige est 6troitement li6e la 
 faculty donn6e au juge de condamner k une peine prescrite 
 pour les adultes les jeunes gens de 16 ^ 18 ans qu'il croira 
 tout k fait mdrs et sortis de I'enfance. Pour ceux-1^ ce 
 sera alors I'emprisonnement ou I'amende ; la simple 
 detention (en commun) est exclue mime dans ces cas. 
 
 Au lieu de prononcer une peine le juge pourra remettre 
 aux parents ou tuteurs les accuses qui ont moins de 1 6 ans. 
 
282 THE MAKING OF THE CEIMINAL app. 
 
 II peut aussi, et cela pour tous les jeunes d61inquants 
 au - dessous de 18 ans, les mettre k la disposition du 
 Gouvernement quand ils sont coupables d'un crime ou 
 d^lit de mendicity ou de vagabondage, violences, etc., en 
 r6cidive. Alors le Ministre de la Justice d6cidera, apres 
 avis du procureur de la Reine et du Oonseil g6n6ral, sur 
 r^ducation et la discipline de ces enfants et sur la methode 
 d'6ducation a adopter. Cette Education correctionnelle 
 pourra d6sormais durer jusqu'^ la majority de 21 ans, 
 tandis que sous I'ancienne loi on ne pouvait retenir les 
 detenus que jusqu'^ 18 ans, Sge beaucoup trop bas pour 
 les laisser en liberte. L'enfant pourra etre plac6 dans 
 une maison de correction gouvernementale ; ces maisons 
 ont 6t6 complfetement r6organis6es suivant les principes 
 modernes de la science p6nitentiaire. Mais on pourra 
 aussi le confier aux soci6t6s de bienfaisance priv6e. On 
 espere meme que les oeuvres priv6es viendront en premier 
 ordre et que les 6tablissements gouvernementaux ne 
 serviront que pour les cas sp6ciaux. Dans la legislation 
 nouvelle c'est en premier lieu de I'assistance priv6e qu'on 
 attend I'amendement de la jeunesse abandonn6e ou 
 coupable. L'assistance priv6e b6nificiera du concours de 
 I'Etat, qui lui garantit les droits et les moyens d'action, 
 mais qui du reste, exception faite d'un contrdle indispen- 
 sable, la laisse libre d'agir et de s'organiser. La mise k la 
 disposition du Gouvernement durera jusqu'^ la majority. 
 Mais a tout age le d6tenu pourra 6tre Iib6r6, le plus 
 souvent conditionnellement. II sera alors plac6 sous la 
 surveillance d'un patron. 
 
 II peut se presenter des cas s^rieux de jeunes d61in- 
 quants trop dangereux pour les lib6rer k leur majority de 
 21 ans. Alors le juge pourra prononcer une detention 
 prolongee. . . . 
 
 Les affaires des jeunes accuses seront trait6es dans la 
 chambre du Oonseil en dehors de toute publicity. Les 
 parents doivent 6tre presents pour donner des renseigne- 
 ments. . . . 
 
 Ces lois datent des 6 et 12 f6vrier 1901, mais leur 
 
App. HOLLAND 283 
 
 adoption n6cessitant la construction de nouveaux ^tablisse- 
 ments et la preparation de rfeglements d'ex6cution, elles 
 n'ont 6t6 mises en vigueur que le l" d^cembre 1905. 
 
 TRANSLATION 
 
 In the Civil Code the forfeiture of paternal control has 
 been introduced. ... By the new Law forfeiture may 
 be pronounced up to the attainment of majority by the 
 child. Rights may be declared forfeited by the father or 
 mother (1) who abuse their parental authority ; (2) who 
 seriously fail in their duty of maintaining and educating 
 their children ; (3) who lead vicious lives ; (4) who have 
 been condemned either to a sentence of imprisonment of 
 two years or more, or for a crime or offence committed 
 with the complicity of a minor under their authority, or 
 for a crime or offence committed against a minor under 
 their authority. . . . 
 
 Another provision is intimately connected with for- 
 feiture : the discharge from parental control. No mark of 
 infamy attaches to this, and it may only be pronounced 
 if the father or mother raise no opposition. But the 
 father or mother cannot themselves apply for discharge 
 . . . discharge is intended to offer a means of procuring 
 a better upbringing for the children of parents of good 
 intention but insufficient authority, not to relieve indolent 
 parents. 
 
 The effect of forfeiture and discharge is identical ; the 
 authority of the father or mother ceases absolutely. . . . 
 Instead of naming a person the tribunal may assign the 
 guardianship to a private society which has declared itself 
 ready to receive the minor. . . . The Government may 
 subsidise societies for every child taken from its parents, 
 according to a definite scale. . . . The societies may 
 place the children in institutions or have them brought 
 
28-4 THE MAKING OF THE CKIMINAL app. 
 
 up by private persons. They have all the powers of. 
 guardianship until the child's majority. They may obtain 
 the free commitment of intractable pupils to a State 
 Reformatory. ... In spite of forfeiture or discharge 
 the obligation of maintenance still rests with the parents. 
 The judge, in decreeing guardianship, fixes the amount of 
 the contribution they will have to pay. This sum may 
 be recovered by the Council of Guardianship from the 
 parent's wages, his employer being obliged to hold back 
 the amount fixed by the judge, and this sum is paid to 
 the Council of Guardianship direct. 
 
 . . . Let us consider the innovations in penal legisla- 
 tion. But first let us notice that from the legislative 
 point of view there is no intrinsic difference according 
 as the child has committed a punishable act or not. . . . 
 In principle the law places on the same footing all 
 adolescent children up to the age of eighteen (penal 
 majority). . . . The age limiting the application of 
 special measures of correction has been raised from sixteen 
 to eighteen, and penal measures will also be applicable to 
 children under ten, . . . 
 
 The attention of legislators has been specially fixed on 
 the phenomenon of recidivism. 
 
 Henceforth misdemeanours may be dealt with by 
 reprimand, conditioTMl condemnation, and for a repeated 
 offence by fines and committal to a Beformatory. The same 
 punishments are prescribed for the authors of crimes or 
 offences under eighteen years of age ; for a first mis- 
 demeanour, fining and committal to a Reformatory are 
 applicable only to those from fourteen to eighteen years 
 of age. 
 
 The Refffrmatory is for juvenile offenders the only 
 penalty which may deprive them of liberty. The penalty 
 applies to crimes and offences ; to misdemeanours only in 
 case of repetition. Its duration is limited to a general 
 minimum of one month, and to a general maximum of 
 six months, or at most a year, according to the age (over 
 or under fourteen) and the seriousness of the fault. The 
 
APP. HOLLAND 285 
 
 prisoner is only isolated from his fellows for a month at 
 most after his entrance. This period enables the director 
 and instructors to observe him and become acquainted 
 with the special exigencies of the case. The remainder 
 of the time is passed with the other young prisoners, fifty 
 at most. They receive primary instruction, and are 
 employed on manual labour. The "schools of dis- 
 cipline " are well situated, and the prisoners practise 
 gymnastics, go for walks, and play outdoor games. A 
 " class of discipline " and a " class of special favours " com- 
 plete the establishment, which is intended to be distinctly 
 punitive in character, but logically and instructively 
 punitive. 
 
 Reprimand, pronounced by the President of the Court or 
 by a J.P., is the least severe penalty, and is applicable for 
 misdemeanours, and for crimes and offences committed by 
 children under fourteen. ... To reprimand may be added 
 a conditional sentence to a Reformatory, holding good for 
 from one to two years. This is the first time, and it is 
 only for this special case, that the conditional sentence has 
 been introduced into our country. As to fining . . . the 
 public ministerial officer can claim from the delinquent's 
 employer the direct retention of part of his wages. 
 
 With the raising of the age limit is closely connected 
 the power bestowed on the judge of condemning young 
 people from sixteen to eighteen years of age to the penal- 
 ties prescribed for adults, should he consider them alto- 
 gether mature, and with childhood behind them. These 
 are either imprisoned or fined ; simple detention (in 
 common) is excluded even in these cases. 
 
 Instead of pronouncing judgment, the judge may hand 
 over to the custody of parents or guardians accused 
 persons of under sixteen years. 
 
 He can also, and this in respect of all juvenile offenders 
 under eighteen, place them at the disposition of the Govern- 
 ment when they are guilty of a repeated offence of begging, 
 vagrancy, violence, etc. The Minister of Justice, after 
 consultation with the Public Prosecutor and General 
 
286 THE MAKING OF THE CEIMINAL app. 
 
 Council, decides on the education and punishment of 
 these children, and on the method of education to be 
 adopted. Henceforth this corrective education may con- 
 tinue until majority is attained at twenty-one years of 
 age ; whereas under the old law the prisoners could only 
 be detained up to eighteen — far too low an age to set 
 them at liberty. The children may be placed in a 
 Grovernment Reformatory ; these have been completely 
 reorganised on modern principles of penitentiary science. 
 But they may also be confided to private benevolent 
 societies. It is even hoped that private effort will take 
 the first place, and that these Government institutions 
 will only be used for special cases. With the new legis- 
 lation it is in the first place by means of private assist- 
 ance that the reformation of abandoned or guilty 
 juveniles is expected. Private assistance will benefit by 
 the co-operation of the State, which secures its rights and 
 means of action, but for the rest, except for the indis- 
 pensable inspection, leaves it free to act and to organise. 
 The placing at the disposition of the Government continues 
 until majority. But at any age the prisoner may be 
 released, as a rule conditionally. He is then placed under 
 the surveillance of a patron. 
 
 There may be serious cases of young delinquents too 
 dangerous for release on their majority at twenty-one 
 years of age. The judge then orders a prolonged deten- 
 tion. . . . Juvenile cases are dealt with in the council 
 chamber in complete privacy. The parents must be 
 present to give information. . . . 
 
 These Laws date from February 6 and 12, 1901, but 
 as their adoption rendered necessary the construction of 
 new institutions, and the preparation of rules for carrying 
 them out, they were only put in force on December 1, 
 1905. 
 
HUNGAEY 
 
 Maisons de Correction ^ 
 
 Statuts 
 
 § 6. SoNT admis dans les ^tablissements de correction : 
 
 (1) Les individus mineurs tombant sous le coup des 
 §§ 42, 84, ou 85 de la loi V de I'an 1878, ou sous celui 
 des §§ 19, 65, et 66 de la loi XL de Fan 1879. 
 
 [Note.] — (§ 84. Ne pourra gtre puni pour avoir commis 
 un acte celui qui aura plus de douze ans, mais moins de seize 
 au moment ou il I'aura commis, s'il est incapable de 
 discerner la culpability de cet acte. 
 
 Toutefois ce mineur peut Stre condamn6 a I'interne- 
 ment dans une maison de correction ou il ne pourra, 
 cependant, etre retenu au-dela de sa vingtifeme ann6e 
 r6volue. 
 
 § 85. Si les individus mentionn6s par le § pr6c6dent 
 sont capables de discerner leur culpabilit6 au moment de 
 la perpetration, ils pourront 6tre punis conform6ment aux 
 dispositions ci-apres : 
 
 (1) de deux a cinq ans de reclusion pour crime entrai- 
 nant la peine de mort ou les travaux forces k vie. 
 
 (2) de deux ans de reclusion au plus pour crime entrai- 
 nant une peine de cinq a quinze ans de travaux forces 
 ou de prison d'fitat. 
 
 ' La Lutte contre la CriminaUtS des Mineurs en Hongrie, publie par 
 le Ministere Royal Hongrois de la Justice, par Dr. Bdla Kun et 
 Dr. Etienne Laday, Budapest, 1905 (pp. 400). 
 
 287 
 
288 THE MAKING OF THE CETMINAL app. 
 
 (3) de deux ans de prison pour tout autre crime. 
 
 § 86. Les individus punis en vertu du § pr6c6dent 
 doivent etre s6par6s des autres detenus pendant toute la 
 dur6e de leur peine privative de la liberty. 
 
 § 42. . . . Les individus condamn6s k la prison mais 
 n'ayant pas encore passe I'age de vingt ans peuvent, 
 dans I'int^r^t de leur amendement, Stre condamn^s k passer 
 en cellule leur peine n'excedant pas six mois de prison. 
 
 La cour pent encore ordonner Tinternement de ces 
 mineurs dans une maison de correction au lieu et en place 
 de la detention cellulaire ; au cas oil cette mesure n'aura 
 pas 6t6 ordonn^e par le jugement, le Ministre de la 
 Justice est autoris6 a la prendre sur la proposition de la 
 commission de surveillance si elle I'estime n6cessaire. 
 
 § 19. Purgeront dans une maison de correction leur 
 peine de detention de plus de trois jours les individus qui 
 n'auront pas encore pass6 I'age de vingt ans si la locality 
 dispose d'un 6tablissement de ce genre. 
 
 § 65. Les vagabonds n'ayant pas encore vingt ans 
 d'8,ge peuvent ^tre internes par les autorit^s dans une 
 maison de correction existante dans la localit6 et y Itre 
 retenus pendant un an au plus.) 
 
 (2) Par suite de la demande faite par une autorite tut6- 
 laire, les individus mineurs n'ayant pas pass6 encore leur 
 dix-huiti6me ann^e, qui se trouvent sur la pente fatale de la 
 corruption morale, n'ont pas de fortune, dont les parents 
 ne vivent plus ou subissent une longue peine privative de 
 la liberty, ou qui, places sous la direction de parents ou 
 proches menant une vie immorale, se voient n6glig6s par 
 ces derniers au point de vue de leur Education morale. 
 
 (3) Sont encore admis dans la mesure du possible les 
 mineurs n'ayant pas passe encore leur dix-huiti6me ann6e, 
 dont I'admission a 6te demand6e par les personnes exer- 
 9ant le pouvoir paternel, ou tons autres individus, autorit6s 
 ou soci6t6s comp^tents, si leur penchants immoraux rendent 
 desirable que ces individus soient soumis k I'^ducation 
 corrective d'une maison de correction. 
 
 § 15. . . . La confection des vetements doit etre uni- 
 
App. HUNGAEY 289 
 
 forme et simple, mais non d6pourvue d'une certaine grace 
 ext^rieure. Chaque piece d'habillement doit etre entretenue 
 dans un 6tat irr6procliable de propret6 et d'ordre, attendu 
 que faire aimer ces qualit^s par le pensionnaire constitue 
 un facteur de correction dont I'importance n'est point k 
 d6daigner. 
 
 § 20. Le directeur et le personnel de surveillance ne 
 perdront done jamais de vue que I'etablissement n'est pas un 
 lieu destin6 k I'ex^cution d'une peine, et que, en conse- 
 quence, les pensionnaires n'y sont pas admis en vue 
 d'expier un m6fait, mais confi6s k leur garde et k leurs 
 soins afin de corriger et de d6velopper le sens moral n6glig6. 
 . . . Le personnel de surveillance agira done k leur 6gard 
 moins avec une s6v6rit6 rigide et absolue, qu'en se servant 
 de la persuasion et de bons conseils prodigu6s avec beau- 
 coup de consequence ; ce faisant ils chercheront k agir sur 
 les pensionnaires de sorte que ceux-ci prennent en affection 
 le reglement et le programme, I'obeissance et la bonne 
 conduite. 
 
 § 43. Attendu que dans les 6tablissements de correc- 
 tion le travail n'est pas impost aux pensionnaires k seule 
 fin de rendre leur sort plus p6nible, mais afin qu'ils appren- 
 nent a I'aimer pour son utility apres avoir reconnu les 
 obligations s6rieuses que la soci6t6 impose k ses membres, 
 il convient que I'ouvrier re9oive une recompense corre- 
 spondante k la besogne faite. 
 
 Cette recompense se compose du quart ou de la moitie 
 de la valeur que repr^sente le travail execute. Ces 
 quotites ne peuvent etre reduites par mesure disciplinaire. 
 
 § 44. La retribution n'est pas remise entre les mains 
 du pensionnaire ; elle est portee hebdomadairement dans 
 un livret de gains qui reste entre les mains du titulaire ; 
 I'argent gagne par celui-ci est place par les soins de la 
 direction et ne lui sera remis, ou k I'autorite tuteiaire 
 competente, qu'au jour ou il quittera I'etablissement. 
 
 dependant il est libre de disposer de la moitie des 
 gains geres comme il a ete dit ci-avant, et peut consacrer 
 cette part soit pour venir en aide a des parents ou proches 
 
 V 
 
290 THE MAKING OF THE CKIMINAL app. 
 
 pauvres, soit k Tachat d'outils, d'instruments de musique 
 ou de precision, ou k celui de tous autres objets et articles 
 utiles. . . . 
 
 § 45. En outre de ce livret chaque pensionnaire en 
 re9oit un autre dont les 52 pages portent les trois colonnes 
 suivantes : " conduite," " Etudes scolaires," " application au 
 travail " ; kla fin de chaque semaine les notes sont port6es : 
 dans la premiere et la dernifere colonnes par le chef de 
 famille, dans celle du milieu par I'instituteur competent. 
 De cette mani^re le pensionnaire est k m6me de suivre en 
 personne et pas k pas les r6sultats de ses efforts. 
 
 § 50. Le pensionnaire qui contrevient au rfeglement 
 int6rieur, aux regies de I'ob^issance et de la d^cence peut 
 ^tre puni disciplinairement par le directeur des peines 
 ci-aprfes 6num6r6es : 
 
 (a) Tadmonestation ; (t^te k t^te) ; 
 
 (b) la r^primande ; (en presence de toute la famille) ; 
 
 (c) la contrainte de prendre ses repas k part, avec 
 
 exclusion des jeux de soci6t6; 
 
 (d) la perte des distinctions obtenues, celle des faveurs 
 
 sp6ciales (telles que : le droit de recevoir des 
 
 visites, d'6crire des lettres, de se promener en 
 
 dehors de I'enceinte) ; 
 («) le retranchement de certains mets, mais seulement 
 
 i des jours alternativement d6sign6s ; 
 (/) le renvoi de la famille ; 
 (g) I'isolement complet. • 
 
 Note. — In an article based on this Blue-Book in The 
 Humane Review, April 1906, the author says: "It is 
 obvious that corporal punishment is never practised or 
 even thought of. The aim is not to brutalise, but to 
 amend character." Of. p. 159: "On pourra, de plus, 
 recourir au ch&timent corporel, car 1' experience a prouv6, 
 que — pour certains cas — son application est admissible, 
 qu'il est meme indispensable et souvent un moyen 
 d'education tr^s efficace, pour peu qu'il soit administr6 
 avec tact et moderation et au moment utile. Mais il est 
 
A pp. HUNGAEY 291 
 
 rarement admis et seulement lorsqu'on aura 6puis6 tous les 
 autres moyens coercitifs sans avoir reussi. II ne sera 
 jamais public, toujours pr6c6d6 par la consultation du 
 m^dicin et comportera 12 coups de verge au maximum." 
 
 (Recourse may, moreover, be had to corporal punish- 
 ment, for experience has proved that, in certain cases, its 
 application is admissible, even indispensable, and that it 
 is often a very efficacious means of education, provided it 
 is administered with tact and moderation and at the right 
 moment. But it is rarely admitted, and only when all 
 other means of coercion have been exhausted without 
 success. It is never public, is always preceded by a 
 consultation with the doctor, and must not exceed a 
 maximum of twelve strokes with a birch-rod.) 
 
 It is unfortunate for the reputation of " humanitarian " 
 ethics that so misleading a statement should have been 
 printed in the anti-flogging organ. 
 
 § 51. Avant de mettre en liberte le pensionnaire, mais 
 apres s'Stre concords avec le chef de famille et Taumdnier 
 comp6tents sur l'6poque k laquelle cette liberation doit 
 avoir lieu, le directeur adresse un rapport au Ministre de 
 la Justice sur la decision qu'il a prise. Si le pensionnaire 
 k lib6rer n'a plus de parents, ou si ceux-ci mfenent une vie 
 qui influerait en mal sur les mceurs du pensionnaire, le 
 directeur s'efforcera de trouver k ce pensionnaire d^s sa 
 sortie de I'^tablissement un moyen d'existence honnSte, 
 conforme aux connaissances et aptitudes du lib6rable ; 
 la place lui sera assur6e par un contrat de louage 
 d'ouvrage pass6 entre le directeur et le patron, sauf 
 consentement du pensionnaire, bien entendu. 
 
 Personnel des Mablissements 
 
 . . . fitant donn6 qu'avec le systfeme de I'isolement 
 chaque famille se compose de 20 membres, chacune 
 d'elles est confine k la direction du chef de famille ou 
 d'un auxiliaire de chef de famille enseignant et 61evant 
 les pensionnaires soumis k ses ordres. L'enseignement 
 professionnel est donn6 par des industriels employes en 
 
29 2 THE MAKING OF THE CKIMINAL app. 
 
 qualite de contre-maltres ; chaque famille en a deux. 
 Oe personnel est celui des 6tablissements ancien type. 
 
 II en est tout autrement en ce qui concerne le 
 personnel des 6tablissements de nouveau type : Kassa 
 et Asz6d. Etant donn6 que ces derniers disposent aussi 
 d'ecoles professionnelles, il a fallu les d6ter d'un personnel 
 special. Comme les autres ces 6tablissements relevent 
 aussi d'un directeur plao6 k leur tite, mais I'^cole 
 professionnelle est dirig6e par un ing6nieur qui agit 
 en sa quality de professeur en toute independance pour 
 tout ce qui touche au service technique de son 6cole. 
 II a sous ses ordres des professeurs sp6ciaux et les 
 chefs de famille qui s'occupent aussi d'enseignement 
 professionnel ; lui sont encore subordonn^s : les contre- 
 maitres, m6caniciens, chefs d'6quipe, etc. 
 
 II faut que le chef de famille 61eve ses pensionnaires 
 conform6ment k leur individuality, ce qui veut dire que sa 
 m6thode d'6ducation doit s'adapter a I'individualitd de 
 chacun de ses Aleves. . . . 
 
 V. L'admission des pensionnaires 
 
 L'admission peut etre motiv6e par : 
 
 (a) Un jugement, c'est-^-dire dans le cas ou une Cour 
 de Justice jugeant un delinquent mineur kg& de plus 
 de 12 ans, mais moins de 16 ans, le condamne en 
 vertu de § 84 du code p6nal a §tre plac6 dans une maison 
 de correction, ou si ce tribunal condamne a la prison, un 
 delinquent age de 12 a 20 ans, il decide dans son 
 jugement qu'en vertu du § 42 du code p6nal, cette 
 peine de prison sera purg6e dans une maison de correction. 
 
 (b) Une proposition de la commission de surveillance. 
 Car, si une Cour de Justice condamne k la prison un 
 delinquent mineur ag6 de moins de 20 ans, le procureur 
 peut proposer k la commission de surveillance de recom- 
 mander au Ministre de la Justice le placement du 
 delinquent dans une maison de correction ; celui-la, 
 agissant en vertu du § 42 du code p6nal, peut alors 
 
App. HUNGAEY 293 
 
 ordonner I'admission de celui-ci dans une maison de 
 correction au lieu et place de Temprisonnement. 
 
 (c) La demande du pere . . . En ce qui concerne les 
 mineurs mentionn6s sous (a) I'age de 16 ans est une 
 limite parce qu'a partir de cet Elge ils peuvent di]k etre 
 admis dans les prisons d'arrondissement pour mineurs. 
 
 (II ne pourra etre donn6 suite a la demande que) 
 s'il y a garantie que le mineur pourra fitre retenu k 
 r^tablissement pendant tout le temps qui paralt n6cessaire 
 pour lui donner une bonne Education et lui faire apprendre 
 a fond un metier quelconque. En consequence il y a lieu 
 de joindre a la demande de la commission de surveillance 
 (&), de meme qu'a celle du pere, tuteur (c), une declaration 
 en bonne et due forme dans laquelle le requ6rant consent k 
 laisser le mineur a I'etablissement jusqu'a I'age de 20 ans. 
 
 Cette declaration doit 6tre obtenue, autant que 
 possible, mime pour ce qui concerne les mineurs que 
 le tribunal condamne k une peine de prison k purger dans 
 une maison de correction (§ 42 du code p6nal). Elle est 
 n6cessaire parce qu'en ce cas le tribunal fixe la dur6e de 
 la prison qui pent Itre, 6ventuellement, trop courte pour 
 assurer un bon r6sultat. Mais si la cour decide en vertu 
 du § 84 du code p6nal, point n'est besoin de cette declara- 
 tion, car en ce cas elle ne fixe pas la dur^e du placement 
 dans un 6tablissement de correction, et la loi elle-mSme ne 
 la limite qu'en tant qu'elle ne pent aller au-del&, de la 
 20° ann6e. 
 
 La Famille 
 
 Sauf en ce qui concerne le travail, toute la vie des 
 pensionnaires se d^roule dans la famille k I'etablissement. 
 . . . Le chef de famille s'efforce de connaltre de son mieux 
 ses pensionnaires, il note exactement tout ce qui se rap- 
 porte a eux et il use de tons les moyens en son pouvoir 
 pour agir sur eux conformement au but propose, jusqu'a 
 ce qu'il ait trouve le vrai chemin qui le menera k la trans- 
 formation du caractere de son pupille. Attachant la prin- 
 cipale importance au travail, il cherche a I'amener 
 
294 THE MAKING OF THE CEIMINAL app. 
 
 graduellement a reconnaitre de lui-meme que la vie sans 
 travail est non seulement peu desirable, mais encore vide 
 et r6pugnante. II t^che de deraciner dans I'enfant tous 
 ses penchants antisociaux ; lui fait comprendre qu'il 
 doit trouver sa place dans la soci6t6 ; qu'il doit se con- 
 former a I'ordre social parce que la vie de I'individu est 
 bien plus tranquille, plus commode, moins agit6e et plus 
 heureuse s'il est membre de la soci6t6 au lieu d'etre son 
 ennemi. En consequence tout en s'efiforgant de faire dis- 
 paraitre les d6fauts de caractere de son pupille, il cberche 
 surtout a lui assurer la rentr6e dans les conditions normales 
 d'existence, I'adaptation aux coutumes de la soci6t6 en 
 transformant peu a peu ses sentiments et sa mani^re de 
 voir. 
 
 Enseignement Professionnel 
 
 Un enseignement professionnel a fond et un metier 
 quelconque sont de premifere importance non seulement 
 parce qu'ils assurent au pensionnaire Iib6r6 un moyen 
 d'existence slir, mais encore parce que ce sont 1^ les plus 
 importants, sinon les seuls facteurs efficaces de I'^ducation 
 corrective. Tous les enseignements, exemples, instruc- 
 tions donn6s aux pensionnaires de tous c6t6s n'amfenent au 
 but d6sir6 que dans le cas ou il prend par 1^ I'amour du 
 travail ; que si Ton r6ussit k 6veiller en lui I'ambition et 
 I'amour propre ; s'il trouve naturel que le travail fait aussi 
 partie des besoins les plus essentiels de la vie ; s'il recon- 
 nait que e'est 1^ une condition primordiale du bien-ltre 
 physique et moral tout aussi importante que I'alimenta- 
 tion, I'habillement, etc. D6s qu'il se rend compte que le 
 travail est indispensable non parce qu'il y est contraint, 
 mais parce qu'il satisfait k une condition de la vie humaine 
 on peut dire que I'^ducation et la correction sont menses 
 k bonne fin. Certes, il lui restera toujours quelques 
 d6fauts ; mais la ti,che de I'^tablissement de correction 
 n'est pas d'61ever des hommes parfaits, ce dont I'^ducation 
 de la famille mSme est incapable, mais d'en faire des 
 hommes utiles et de d^barrasser la soci6t6 d'el6ments 
 
App. HUNGAEY 295 
 
 dangereux. Et il atteindra ce but s'il parvient k leur 
 faire aimer le travail et s'il arrive a les convaincre de sa 
 necessity ineluctable tout en lui d6montrant qu'il pourra en 
 servir k son entretien. Or, arrives k ce point, ces hommes- 
 Ik ne sont plus des ennemis, mais des membres utiles de 
 la soci6t6. 
 
 Chaque pensionnaire nouveau-venu est class6 dans la 
 famille dite " exp6rimentale." Pendant son s6jour dans 
 cette famille on 6tudie ses qualit6s individuelles et ses 
 d6fauts, on examine ses connaissances en mati^res scolaires 
 que Ton 6tend ensuite, cependant que le chef de ^famille 
 cherche a d^couvrir dans le sujet le penchant qui le porte 
 vers un m6tier plut6t que vers un autre parmi ceux 
 exerc6s a I'etablissement, et s'efForce de fixer d6finitive- 
 ment les talents et conditions individuels qui le rend apte 
 a I'exercise de tel metier ou de tel autre. Cette famille 
 a encore pour tiche d'introduire le pensionnaire novice 
 dans le reglement int6rieur, de I'y habituer k fond et de 
 I'accoutumer a Fex^cution d'un travail manuel syst6ma- 
 tique. On peut done voir que la famille exp6rimentale 
 forme une sorte de phase transitoire entre la vie exterieure 
 et I'education donn6e a I'etablissement. . . 
 
 De cette famille le pensionnaire passe en temps voulu 
 dans une des families qui exerce le metier choisi par lui 
 comme son future moyen d'existence. A partir de ce 
 moment il ne quitte plus sa nouvelle famille au sein de 
 laquelle il demeure pendant tout le reste de son s6jour 
 a I'etablissement, sous la direction d'un seul et meme chef 
 de famille. 
 
 La famille exp^rimentale est confine a la direction d'un 
 des plus capables chefs de famille de la maison. . . . 
 
 II fallait compter avec I'antipathie que la soci6te mani- 
 festait a I'^gard des pensionnaires liberes qu'elle considerait 
 comme frapp6s d'infamie jusqu'^ un certain point. II est 
 evident que cette fa^on de voir aggrava singulierement la 
 situation des liberes qui, gr^ce k ce prejuge de la societe, 
 etaient, pour ainsi dire, prives de toute possibilite de lutber 
 pour la vie. 
 
296 THE MAKING OF THE CKIMINAL app. 
 
 Or ce pr6jug6 ne saurait 6tre dissip6 que si les pen- 
 sionnaires Iib6r6s des maisons de correction surpassent la 
 moyenne de leurs compagnons form6s en liberty aussi 
 bien sous le rapport du zfele et de I'ambition, qu'en ce 
 qui concerne les connaissances prof essionnelles qui doivent 
 Itre chez eux au-dessus de tout reproche. Mais, pour 
 y pervenir, il faut commencer par leur enseigner le 
 metier avec plus de perfection, plus k fond que ne 
 peut le faire I'industriel libre k regard de son apprenti 
 libre. 
 
 Cette id6e amena par la suite un revirement total de 
 I'opinion pr6con9ue sur le fonctionnement et I'activit^ des 
 maisons de correction. 
 
 Ant6rieurement le d^partement de la Justice professait 
 I'opinion que dans I'^ducation des 6tablissements de cor- 
 rection il fallait attribuer la principale importance k Teifet 
 psychique que les pedagogues de I'^tablissement exergaient 
 sur les pensionnaires par leur enseignement moral, I'instruc- 
 tion scolaire, la stimulation et les bons exemples donnas. 
 Avec cette opinion-la le travail n'^tait qu'un moyen 
 auxiliaire appele a favoriser le d6veloppement du caractfere. 
 
 Cependant, il fallut reconnaltre t6t ou tard que les 
 efforts faits en ce sens n'6taient pas de nature k amener 
 le r6sultat d6sir6. La source du crime ne se trouve pas 
 rel6gu6e exclusivement dans les particularit6s qui carac- 
 t6risent I'individu pris isol6ment : le crime forme en meme 
 temps un sympt6me social. II ne sufEt done pas de 
 vouloir simplement corriger le coupable : encore faut-il 
 chercher a faire disparaitre les conditions et circonstances 
 sociales qui le forcent k retourner vers le crime quelque 
 favorable que soit le changement survenu dans les pen- 
 chants et particularites du caractere. 
 
 II fallut reconnaitre encore que I'^ducation donn6e dans 
 I'etablissement 6tait gaspill6e en pure parte meme en ce 
 qui concerne les pensionnaires les plus completement 
 amend6s si, aprfes leur liberation, ces malheureux rentrent 
 dans le milieu dont ils avaient &t6 arrach^s. Impossible 
 de sauvegarder I'int6grit6 de leur amendement moral s'ils 
 
App. HUNGARY 297 
 
 6taient contraints k vivre de nouveau dans la soci6t6 
 des vagabonds et des ivrognes. 
 
 Done : il faut donner au pensionnaire les moyens lui 
 permettant de s'61ever de son milieu pass6 vers un 
 autre milieu social. Or, pour ce faire, il est indispensable 
 de lui enseigner k I'^tablissement une profession, et de la 
 lui apprendre si bien qu'il soit capable de figurer comme 
 ouvrier ind6pendant k mSme de gagner sa vie des sa mise 
 en liberty. Si on lui assure cette condition, il ne reste 
 plus de crainte a concevoir k propos du r6sultat que doit 
 donner I'^ducation corrective. 
 
 En outre, il est absolument certain que I'influence du 
 travail sur la formation du caractere ue deviendra 
 r6ellement incontestable, et ne se fera valoir dans toute 
 son integrality que dans le cas oil le pensionnaire apprendra 
 a aimer son nouveau metier. Or, cette affection pour le 
 travail ne s'annonce qu'^ partir du moment ou I'individu 
 devient capable de cr6er en toute ind6pendance, ot il 
 s'eleve k un plus haut niveau dans son metier, quand 
 il voit nettement le r6sultat de son travail. 
 
 Toutes ces considerations ont fait naitre la conviction 
 que dans les 6tablissements de correction c'est a I'enseigne- 
 ment prof essionnel qu'il fallait attacher la plus grande im- 
 portance. On revint 6galement de cette ancienne erreur qui 
 voulait qu'on n'y enseignS,t que de metiers d'artisan, et qu'il 
 fallait en proscrire le travail manufacturier, les machines. 
 Aujourd'hui lorsque I'industrie manufacturiere opprime 
 la majeure partie des industries d'artisan, un jeune homme 
 form6 seulement a ces dernieres ne saura se placer facile- 
 ment, tandis que celui qui s'entend k la production manu- 
 elle tout aussi bien qu'au maniement des machines trouvera 
 toujours beaucoup plus facilement une occupation qui lui 
 assurera les moyens indispensables k sa subsistence. Des 
 ce moment on admit que, en outre du metier manuel, il 
 fallait absolument enseigner au pensionnaire la produc- 
 tion manufacturiere, I'initier et le perfectionner dans le 
 maniement des machines. 
 
 Au debut ... on craignait la monotonie pour les 
 
298 THE MAKING OF THE CRIMINAL app. 
 
 pensionnaires . . . objection qui ne pourrait se justifier 
 que dans le cas ou il serait question de grands chantiers 
 oil le principe de la division du travail serait appliqu6 k 
 outrance ; en ce cas, en effet la ni6thode serait nuisible 
 parce que I'^leve n'apprendrait qu'une partie tout k fait 
 sp6ciale d'une Industrie et ne travaillerait jamais que dans 
 cette partie. Or ce n'est pas le cas dans les 6tablisse- 
 ments de correction oti ils apprennent aussi la petite In- 
 dustrie et se forment en m§me temps k la manoeuvre des 
 differentes machines. Et ainsi non seulement qu'il ne 
 peut y etre question de travail monotone, abrutissant, 
 mais, tout au contraire, rattentioii et I'int^ret s'6veillent 
 au plus haut degr6 dans tous les pensionnaires, sans 
 compter qu'on donne une extension considerable a leurs 
 connaissances, ce qui leur facilite un engagement. 
 
 . . . I'etablissement de correction de Kassa (240 pen- 
 sionnaires) fut investi du caractere d'une 6cole des arts et 
 metiers. Les pensionnaires qui en sortent resolvent un 
 certificat de I'^cole. . . . 
 
 Persev6rant dans la nouvelle voie le gouvernement 
 installa k Asz6d (280 pensionnaires) des ateliers industriels 
 (1904-1905) disposant d'un outillage technique les 61evant 
 au niveau des 6coles industrielles et des arts et metiers 
 des plus modernes. Mais comme cet 6tablissement dis- 
 pose en m§me temps d'une grande 6tendue de terrain 
 cultivable et de terres arables, les industries furent 
 choisies en conformity d'une exploitation agricole. Les 
 metiers enseign6s sont ceux de forgeron, de charron, car- 
 rossier, bourrelier, tapisseur et vernisseur. 
 
 La creation des 6coles industrielles dans les 6tablisse- 
 ments de correction provoqua naturellement aussi la 
 r6forme de I'enseignement scolaire. . . . L'enseignement 
 th6orique des 6coles professionnelles et industrielles sert 
 actuellement les int6rlts sp6ciaux et professionnels de ces 
 ticoles, et tend a former des 61eves qui les fr^quentent des 
 industriels vers6s dans leur metier et capables de se servir 
 des progr^s techniques aussi bien que des conquStes in- 
 tellecttielles de la civilisation moderne. . . . L'6conomie 
 
APP. 
 
 HUNGAEY 
 
 299 
 
 agricole d'Aszdd fut traiisform6e en ferine module . . . 
 r^cole d'horticulture des 6tablissements d'Asz6d et de 
 Kassa fut port6e au niveau des conquStes modernes et 
 pourvue de serres-chaudes r6pondant aux dernieres exi- 
 gences de I'art. 
 
 RSswltats moraux du rdgime de la Maison de Correction 
 a Aszdd 
 
 De 1884 a 1904 on a renvoy6 de I'^tablissement : — 
 
 A titre d'essai 
 D6finitivement 
 
 Per cent. 
 
 458 52-59 
 413 47-41 
 
 871 
 
 Parmi les 616ves renvoy6s a titre d'essai on a releve ; 
 
 
 
 Per cent. 
 
 Conduite bonne 
 
 . 316 
 
 68-99 
 
 „ variable . 
 
 . 68 
 
 14-89 
 
 ,, mauvaise 
 
 34 
 
 7-38 
 
 „ inconnue . 
 
 34 
 
 7-38 
 
 Dec6d6s 
 
 6 
 
 1-36 
 
 458 
 
 fileves d6finitivement renvoy6s :- 
 
 
 
 Per cent 
 
 Conduite bonne 
 
 . 217 
 
 52-54 
 
 „ variable . 
 
 37 
 
 9-00 
 
 „ mauvaise 
 
 86 
 
 20-80 
 
 „ inconnue . 
 
 . 47 
 
 11-36 
 
 D6c6des 
 
 26 
 
 6-30 
 
 413 100-00 
 
300 THE MAKING OF THE CEIMINAL app. 
 
 Occupation actuelle des ilhes renvoy 
 h la fin de 1904 
 
 de 1884 
 
 Employes (publics ou priv6s) . 
 
 
 18 
 
 Instituteurs primaires 
 
 
 2 
 
 Employes non commissionn6s . 
 
 
 2 
 
 Douaniers .... 
 
 
 2 
 
 Comedien .... 
 
 
 1 
 
 Industriels (patrons, compagnons, c 
 
 u ap- 
 
 
 prentis) .... 
 
 
 311 
 
 Commer9ants (patrons, employ6s, c 
 
 )U ap- 
 
 
 prentis) .... 
 
 
 30 
 
 Employes ruraux . 
 
 
 5 
 
 Jardiniers .... 
 
 
 71 
 
 Cultivateurs, vignerons . 
 
 
 81 
 
 Journaliers, domestiques . 
 
 
 120 
 
 Commis-voyageur . 
 
 
 1 
 
 Gargons de caf6 
 
 
 4 
 
 Ouvriers de fabrique 
 
 
 26 
 
 Mineurs .... 
 
 
 5 
 
 Matelot .... 
 
 
 1 
 
 Soldats ..... 
 
 
 3 
 
 Ecoliers .... 
 
 
 30 
 
 D6c6d6s .... 
 
 
 27 
 
 Ali6n6s ..... 
 
 
 2 
 
 Vagabonds .... 
 
 
 32 
 
 Eaccommodeurs de poterie 
 
 
 2 
 
 Emigres en Am6rique 
 
 
 5 
 
 Ont 6t6 detenus 
 
 
 12 
 
 La police recherche 
 
 
 4 
 
 De s6jour inconnu . 
 
 
 74 
 
 871 
 
 Parmi les 837 qui restent, il y a 715, soit 85| per cent, 
 ayant une occupation r6guliere. 
 
APP. 
 
 HUNGARY 
 
 301 
 
 Resultats oUenus par I'dchication donnee aux ctablissements 
 royaiix hongrois cle correction depuis Van 188i jusqu'en 
 Jinde 1904 i 
 
 Etaient Iib6r6s : — 
 
 A titre d'essai 
 .D(5finitivement 
 
 1012 
 637 
 
 Per cent. 
 
 61 
 39 
 
 
 
 1649 
 
 
 A conduite bonne . 
 
 1071 
 
 65 
 
 J) 
 
 variable 
 
 183 
 
 11 
 
 )j 
 
 mauvaise 
 
 175 
 
 10 
 
 a 
 
 inconnue 
 
 149 
 
 8 
 
 D6c6d6s 
 
 
 71 
 
 6 
 
 1649 
 
 TRANSLATION 
 Houses of Correction ^ 
 
 Statutes 
 
 § 6. Are admitted to the correctional establishments : 
 (1) Minors under §§ 42, 84, or 85 of Law V. of 1878, 
 or under §§ 19, 65, and 66 of Law XL. of 1879. 
 
 [Note]. — (§ 84. He who at the time of committing an 
 act was more than twelve but less than sixteen years of 
 age, cannot be punished if at the time of committing it 
 he was incapable of discerning its culpability. 
 
 ^ See below, p. 314, for an account of the Prisons Centrale d' Arron- 
 dissement des Mineurs. 
 
 ^ The Struggle against the Criminality of Minors in Hungary. By 
 Dr. Bela Kun and Dr. Etienne Laday. Published by the Koyal 
 Hungarian Ministry of Justice. Budapest, 1903. (Pp.400.) 
 
302 THE MAKING OF THE CEIMINAL app. 
 
 He may, however, be condemned to confinement in a 
 House of Correction, but cannot be retained beyond the 
 expiration of his twentieth year. 
 
 § 85. If the individuals referred to in the preceding 
 Section are capable of discerning the culpability of their 
 act at the moment of perpetration, they may be punished 
 as follows : — 
 
 (1) By two to five years' imprisonment for a crime 
 entailing capital punishment or penal servitude for life. 
 
 (2) By a maximum of two years' imprisonment for a 
 crime entailing five to fifteen years of penal servitude. 
 
 (3) By two years' imprisonment for all other crimes. 
 
 § 86. Individuals punished under the preceding Section 
 must be separated from other prisoners during the whole 
 period of confinement. 
 
 § 42. Individuals who, not having yet passed their 
 twentieth year, are condemned to prison, may, in the 
 interest of their amendment, be condemned to serve their 
 sentence, if it does not exceed six months' imprisonment, 
 in a cell. ... 
 
 The Court may order the confinement of such minors 
 in a House of Correction in lieu of celluLri detention ; in 
 case this measure has not been order'id by J;he judge, the 
 Minister of Justice is authorised to have recfourse to it on 
 the proposal of the " Committ^ of Surveillance." 
 
 § 19. Individuals who hav? not yet passed their 
 twentieth yer.r may serve a sen ;ence of more than three 
 days in a Hjuse of Correction ijt there is in the locality 
 an establisl ment of that nature. . . . 
 
 § 65. Vi gabonds not yet twenty years of age may be 
 confined b" the authorities in a. House of Correction exist- 
 ing in the locality, and detained there during a maximum 
 of one ye, r.) 
 
 (2.) O'i application made by a tutelary authority, those 
 minors wl o, not having yet passed their eighteenth year, 
 are' on th ', fatal road to moral corruption, are destitute, 
 'fvhose parents are no longer living or are undergoing a 
 long sentence of imprisonment, or who, under the authority 
 
App. HUNGAEY 303 
 
 of parents or relations leading an immoral life, are neglected 
 so far as regards their moral education. 
 
 (3) Are also admitted, in so far as is possible, minors 
 not having yet passed their eighteenth year, whose admis- 
 sion has been applied for by persons exercising parental 
 authority or other competent individuals, authorities, or 
 societies, if their immoral tendencies render it desirable 
 that these individuals should be subjected to the corrective 
 education of a House of Correction. 
 
 § 15. . . . The make of clothing should be uniform 
 and simple, but not without a certain exterior grace. 
 Every article of dress should be kept in an irreproachable 
 condition of cleanliness and order, since the formation of 
 a love of these qualities in the pupil constitutes a factor 
 of correction whose importance is not to be despised. 
 
 § 20. The director and staff must never lose sight of 
 the fact that the institution is not a place destined for the 
 execution of a punishment, and that consequently the 
 pupils are not admitted with a view to expiating a fault, 
 but confided to their guardianship and care in order to 
 correct and develop their neglected moral sense. . . . The 
 staff must therefore treat them less with a rigid and abso- 
 lute severity than by making use of persuasion and good 
 advice lavished with great consistency ; acting thus they 
 must seek so to influence the pupils that they develop 
 affection for the regulations and scheme of life, for 
 obedience and good conduct. 
 
 § 43. Seeing that in the corrective institutions work is 
 not imposed on the pupils merely to make their lot harder, 
 but in order that they may learn to love it for its utility, 
 after having recognised the serious obligations which 
 society imposes on its members, it is fitting that the 
 worker should receive a recompense corresponding to the 
 labour accomplished. 
 
 This recompense consists of a quarter or half of the 
 value represented by the work done. These shares cannot 
 be reduced as a measure of discipline. 
 
 § 44. The reward is not handed over to the pupil ; it 
 
304 THE MAKING OF THE CEIMINAL app. 
 
 is entered weekly in an account-book, which remains in 
 his possession ; the money gained by him is placed in a 
 bank by the management, and is only handed to him or 
 to a competent tutelary authority on the day he leaves 
 the institution. 
 
 Nevertheless he is free to dispose of half of the above 
 gains, and may devote this portion either to the assistance 
 of poor parents or relations, or to the purchase of tools, 
 musical instruments, or other useful articles. . . . 
 
 § 45. Besides the account-book each pupil receives 
 another book, whose fifty-two pages are divided into three 
 columns headed "Conduct," "Scholastic Studies," "Appli- 
 cation to Work " ; at the end of every week notes are 
 entered — in the first and last columns by the head of the 
 family, in the middle one by the teacher qualified. By 
 this method the pupil can himself follow step by step the 
 results of his efforts. 
 
 § 50. The pupil who transgresses a regulation, the 
 rules of obedience or of decency, may be punished by the 
 director in the ways here enumerated ; — 
 
 (a) Admonition (private). 
 
 (b) Reprimand (in presence of the family). 
 
 (c) Is obliged to take his meals apart and is excluded 
 
 from games. 
 
 (d) The loss of distinctions gained and of special 
 
 favours (such as the right to receive visits, to 
 write letters, or to walk outside the grounds). 
 
 (e) Is deprived of certain dishes, but only on alternate 
 
 days. 
 (/) Dismissal from his family. 
 (g) Complete isolation. 
 
 (See Note, p. 290, of French copy.) 
 
 § 51. Before setting the pupil at liberty, but after 
 agreement with the qualified head of the family and 
 chaplain as to the time at which this liberation should 
 take place, the director addresses a report to the Minister 
 of Justice concerning the decision made. If the pupil has 
 
App. HUNGARY 305 
 
 no parents, or if they lead a life which would have an evil 
 influence on him, the director will endeavour to find for 
 him on his departure from the institution an honest means 
 of existence suitable to his knowledge and disposition ; the 
 situation will be assured to him by a contract between the 
 director and the employer, granted, of course, the pupil's 
 consent. 
 
 Staff of the Institutions 
 
 By the isolation system the " family " being composed 
 of twenty members, each is confided to the management of 
 the " head of the family " or a supernumerary head of the 
 family, who teaches and educates the pupils under his 
 orders. Professional instruction is given by workmen 
 employed as foremen ; each family has two. This is the 
 staff of the institutions of the old type. 
 
 With regard to the new type of institution, Kassa and 
 Asz6d, things are quite different. These being also pro- 
 vided with " professional schools," it was necessary to give 
 them a special staff. Like the other institutions they have 
 a director at the head, but the " professional school " is 
 superintended by an engineer, who in his quality of pro- 
 fessor acts quite independently in all that concerns the 
 technical service of his school. Under his orders are 
 special professors and the heads of families, who also 
 attend to the professional instruction ; as subordinates he 
 has also the foremen, mechanicians, overseers, etc. 
 
 The head of the family must bring up his pupils con- 
 formably to their individuality, i.e. his method of educa- 
 tion must be adapted to the individuality of each of his 
 pupils. 
 
 Admission of Pupils 
 
 The cause of admission may be : — 
 
 (a) A judicial sentence, i.e. when a Court of Justice, on 
 trying a delinquent minor aged more than twelve but less 
 than sixteen, condemns him, in virtue of § 84 of the 
 Penal Code, to be placed in a House of Correction ; or if 
 
 X 
 
306 THE MAKING OF THE CEIMINAL app 
 
 this tribunal condemns to prison a delinquent aged from 
 twelve to twenty years, and decides in passing sentence 
 that in virtue of § 42 of the Penal Code the sentence of 
 imprisonment shall be expiated in a House of Correction. 
 
 (b) A motion of the " committee of surveillance." For 
 if a Court of Justice condemns to prison a delinquent 
 minor aged less than twenty years, the Public Prosecutor 
 may propose to the committee to recommend to the 
 Minister of Justice the placing of the delinquent in a 
 House of Correction ; the Minister, acting in virtue of 
 § 42 of the Penal Code, may then order his admission to a 
 House of Correction in place of imprisonment. 
 
 (c) The application of the father, etc. . . . 
 
 As far as concerns the minors mentioned under («), the 
 age of sixteen is a limit, because after that age they may 
 be admitted to the district prisons for minors. 
 
 (The application cannot be complied with) unless there 
 is a guarantee that the minor may be detained in the 
 institution during the whole time which seems necessary 
 to give him a good education and to teach him some trade 
 thoroughly. In consequence it is necessary to append to 
 the application of the committee of surveillance (6), as 
 well as to that of the father or guardian (c), a declaration 
 in due form, in which the applicant consents to hand over 
 the minor to the institution up to the age of twenty 
 years. 
 
 This declaration should be obtained, in so far as pos- 
 sible, even in the case of those minors whom the tribunal 
 condemns to expiate a sentence 'of imprisonment in a 
 House of Correction (§ 42 of the Penal Code). It is 
 necessary because in that case the tribunal fixes the dura- 
 tion of the term of imprisonment, which may be too short 
 to ensure a good result. But if the Court decides in 
 virtue of § 84 of the Penal Code, there is no need for this 
 declaration, for in this case it does not determine the 
 duration of confinement in a correctional institution, and 
 the Law itself only limits it in so far as it cannot exceed 
 the twentieth year. 
 
App. HUNGAEY 307 
 
 The Family 
 
 Except in so far as work is concerned the whole life of 
 the pupil is passed within the family. . . . The head of 
 the family does his utmost to know his pupils, he notes 
 exactly all that refers to them, and he uses all means in 
 his power to influence them in conformity with the aim 
 proposed, until he has found the real path which will lead 
 to the transformation of his pupil's character. Attaching 
 supreme importance to work, he tries to lead him gradually 
 to recognise for himself that life without work is not only 
 little desirable, but even empty and repugnant. He tries 
 to uproot from the boy all his anti-social tendencies, makes 
 him understand that he must find his place in society, 
 that he must conform to the social order because the life 
 of the individual is much more tranquil, more convenient, 
 less disturbed, and happier if he is a member of society 
 instead of being its enemy. Consequently, whilst en- 
 deavouring to eliminate the defects in his pupil's character, 
 he will above all seek to assure his return to the normal 
 conditions of existence and his adaptation to the customs 
 of society by gradually transforming his sentiments and 
 view of life. 
 
 Professional Instruction 
 
 A thorough professional education and some kind of 
 trade are of the first importance, not only because they 
 assure the pupil a certain means of existence on his release, 
 but also because there we have the most important, if not 
 the only efficacious instruments of corrective education. 
 All precept, example, instruction given to the pupil from 
 every side leads only to the desired end if it inspire him 
 with the love of work, if ambition and self-respect be 
 awakened in him ; if he find it natural that labour also 
 should form one of the most essential needs of life, if he 
 recognise that it is a primordial condition of physical and 
 moral well-being quite as important as food, dress, etc. 
 As soon as he grasps the fact that work is indispensable. 
 
308 THE MAKING OF THE CEIMINAL app. 
 
 not because he is constrained to it, but because it satisfies 
 a condition of human life, one may say that education and 
 correction have gained their purpose. Certainly he will 
 still have faults ; but the task of the correctional institu- 
 tion is not to rear men who are perfect, a task of which 
 family education itself is incapable, but to make of them 
 useful men and to free society from dangerous elements. 
 And it will attain this end if it succeeds in making them 
 love work and in convincing them of its unavoidable 
 necessity, at the same time demonstrating to them that 
 they may avail themselves of it for their support. Arrived 
 at this point, such men are no longer enemies, but useful 
 members of society. 
 
 Every newly-arrived pupil is classed in the " experimen- 
 tal " family. During his stay in this family his individual 
 qualities and defects are studied, his school knowledge is 
 examined, to be afterwards extended, and the head of the 
 family seeks to discover in him an inclination which leads 
 him to one trade rather than another of those practised 
 in the institution, and endeavours to definitely determine 
 the talents and individual qualities which render him fit for 
 the exercise of one trade or another. This family has also 
 the task of initiating the novice in the domestic regula- 
 tions, and of thoroughly habituating him to accustom 
 himself to the practice of systematic manual labour. 
 One can see, then, that the "experimental" family forms 
 a sort of transitional phase between life outside and the 
 education given in the institution. 
 
 From this family the pupil passes in time into one of 
 the families which practises the trade chosen by him as 
 his future means of existence. From this moment he 
 never leaves his new family, but lives in it during all the 
 rest of his stay in the institution, under the direction of 
 one and the same head of the family. 
 
 The "experimental" family is entrusted to the manaige- 
 ment of one of the most capable heads of families in the 
 institution. . . . 
 
 It was necessary to reckon with the antipathy mani- 
 
APP. HUNGAEY 309 
 
 fested by society with regard to released pupils whom it 
 considered as up to a certain point stained with infamy. 
 It is evident that this view peculiarly aggravated the 
 situation of the ex-pupils, who, thanks to this prejudice 
 of society, were, so to speak, deprived of every possibility 
 of struggling for a livelihood. 
 
 Now this prejudice could only be dissipated if the 
 pupils released from Houses of Correction surpassed the 
 average of their fellows trained in freedom, as well with 
 respect to zeal and ambition as in professional skill, which 
 in them should be above reproach. But to arrive at this 
 they must be taught their trade with more perfection, 
 more thoroughly than the free manufacturer can teach 
 his free apprentice. 
 
 This idea led toa'total revolution of preconceived opinion 
 as to the functions and activity of Houses of Correction. 
 
 Previously the Department of Justice professed the 
 opinion that in the education given in correctional insti- 
 tutions the chief importance must be attributed to the 
 psychological effect which the teachers of the establishment 
 exercised on the pupils by moral precept, instruction in 
 school, stimulation, and good example. According to this 
 opinion, work was only an auxiliary means invoked to 
 favour the development of character. 
 
 However, sooner or later it had to be recognised that 
 efforts made in this direction were not of a nature to bring 
 about the desired result. The source of crime is not 
 exclusively confined to the peculiarities which characterise 
 the individual taken singly ; crime forms at the same 
 time a social symptom. It is not enough, then, to wish 
 merely to correct the guilty ; we must also aim at the 
 disappearance of the conditions and social circumstances 
 which force him to return to crime however favourable 
 may be the change which has supervened in his pro- 
 pensities and individual characteristics. 
 
 It also had to be recognised that the education given 
 in the institution was frittered away and utterly lost, 
 even in the case of the most completely reformed pupils. 
 
310 THE MAKING OF THE CEIMINAL app. 
 
 if after their release they were so unhappy as to re-enter 
 the environment from which they had been snatched. 
 Impossible to safeguard the integrity of their moral 
 amendment if they were constrained to live anew in the 
 society of vagabonds and drunkards. 
 
 The pupil must therefore be provided with means 
 which enable him to raise himself from his former 
 surroundings towards a different social environment. Now 
 to do this it is indispensable to teach him at the institu- 
 tion a profession, and to teach it him so well that he will 
 be able to live as an independent workman, able to earn 
 his living from the moment of his release. If this condi- 
 tion be assured to him, there remains no fear as to the 
 result which corrective education should give. 
 
 Moreover, it is absolutely certain that the influence of 
 work on the formation of character will only become really 
 incontestable and make itself felt in its entirety if the 
 pupil learns to like his new trade. But this liking for 
 work only begins from the moment when the individual 
 becomes capable of independent creation, when he raises 
 himself to a higher level in his craft, when he clearly sees 
 the result of his work. 
 
 All these considerations have given birth to the convic- 
 tion that in the Houses of Correction it is to professional 
 instruction that the greatest importance must be attached. 
 The ancient error which required that only handicrafts 
 should be taught and manufactures and machines pro- 
 scribed, has equally been recanted. At the present day, 
 when the manufacturing industries drive to the wall the 
 majority of handicrafts, a young man trained only in the 
 latter will not easily find a situation, whilst he who under- 
 stands manual production as well as the management of 
 machines will always far more easily find an occupation 
 which will ensure to him the indispensable means of 
 subsistence. It has, then, been admitted that in addition 
 to manual crafts it is absolutely necessary to instruct the 
 pupil in the manufacturing processes, to initiate him and 
 to perfect him in the management of machines. 
 
App- HUNGAEY 311 
 
 At the beginning ... the monotony was feared for 
 the pupils ... an objection which could only be justified 
 where large workshops are concerned in which the prin- 
 ciple of the division of labour is carried to excess ; in this 
 case, indeed, the method would be harmful, because the 
 pupil would only learn one particular part of an industry 
 and would never work except at this part. But in the 
 Houses of Correction this is not the case — the pupils 
 learn both the practice of the industry on a small scale 
 and the manipulation of different machines. And thus 
 there can not only be no question of the work being 
 monotonous and brutalising, but, on the contrary, the 
 attention and interest of the pupils are roused to the 
 highest degree, without reckoning the considerable exten- 
 sion of attainments, which facilitates their engagement. 
 
 . . . The correctional establishment at Kassa (240 
 pupils) was invested with the character of a school of 
 arts and crafts. The pupils on leaving receive a certifi- 
 cate from the school. . . . 
 
 Persevering on the new lines, the Government (1904-5) 
 installed at Asz6d (280 pupils) industrial workshops fitted 
 with a technical plant raising them to the level of the 
 most modern schools of industry, arts, and crafts. But 
 as this establishment possesses a large extent of arable 
 land, industries suitable to agricultural exploitation were 
 selected. The trades taught are those of the blacksmith, 
 wheelwright, coachbuilder, harness-maker, upholsterer, 
 and varnisher. 
 
 The foundation of schools of industry in the Houses 
 of Correction naturally provoked the reform of the school 
 instruction. . . . The theoretic instruction given in the 
 schools of trades and industries actually serves the 
 special and professional interests of these schools, and 
 tends to make of the scholars who attend them workmen 
 skilled in their trade and capable of availing themselves 
 of technical progress as well as of the intellectual con- 
 quests of modern civilisation. . . . The agricultural 
 department at Asz6d was transformed into a model farm 
 
312 THE MAKING OF THE CEIMINAL app. 
 
 . . . the schools of horticulture at Asz6d and Kassa were 
 raised to the level of modern attainment, and provided 
 with hot-houses satisfying the latest requirements of 
 the art. 
 
 Statistics of Results obtained by the House of Correction 
 at Aszddfron 1884-1904 
 
 Total dealt with 
 
 871 
 
 Discharged on probation 
 
 ,, definitely 
 
 458 
 413 
 
 871 
 
 Per cent. 
 52-59 
 47-41 
 
 Of those discharged on probation the conduct was 
 reported : — 
 
 
 
 Per cent 
 
 Good . 
 
 . 316 
 
 69-00 
 
 Variable 
 
 68 
 
 14-84 
 
 Bad . . . 
 
 34 
 
 7-42 
 
 Unknown 
 
 34 
 
 7-42 
 
 Deceased 
 
 6 
 
 1-32 
 
 458 100-00 
 
 Of those definitely discharged :- 
 
 Per cent. 
 
 Good . 
 
 . 217 
 
 52-54 
 
 Variable 
 
 . 37 
 
 9-00 
 
 Bad . 
 
 86 
 
 20-80 
 
 Unknown 
 
 47 
 
 11-36 
 
 Deceased 
 
 26 
 
 6-30 
 
 413 100.00 
 
HUNGAEY 
 
 313 
 
 Occupations at the close of 1904 
 
 Employes (public or private) . 
 
 18 
 
 Primary teachers .... 
 
 2 
 
 Uncommissioned employes 
 
 2 
 
 Custom House officials . 
 
 2 
 
 Comedian ..... 
 
 1 
 
 Engaged in manufactures as masters 
 
 
 workmen, or apprentices 
 
 311 
 
 Eural occupations .... 
 
 5 
 
 Gardeners ..... 
 
 71 
 
 Agriculturists, wine-growers . 
 
 81 
 
 In trade as masters, clerks, or ap 
 
 
 prentices . 
 
 30 
 
 Day-labourers, servants 
 
 
 120 
 
 Commercial traveller 
 
 
 1 
 
 Waiters at caf6s 
 
 
 4 
 
 Factory hands 
 
 
 26 
 
 Miners 
 
 
 5 
 
 Sailor . 
 
 
 1 
 
 Deceased 
 
 
 27 
 
 Emigrated to America 
 
 
 5 
 
 Vagrants 
 
 
 32 
 
 Unknown 
 
 
 74 
 
 Soldiers 
 
 
 3 
 
 Schoolboys . 
 
 
 30 
 
 Pot-menders . 
 
 
 2 
 
 Lunatics 
 
 
 2 
 
 Imprisoned . 
 
 
 12 
 
 Wanted by the police 
 
 
 4 
 
 Total 
 
 871 
 
 Of the 837 remaining in the country, 715, or 85 ^jer 
 cent, have regular occupation. 
 
314 THE MAKING OF THE CRIMINAL app. 
 
 Statistics of all the Houses of Correction from 1884-1904 
 
 
 
 Per cent. 
 
 Discharged on probation 
 
 1012 
 
 61 
 
 „ deiinitely . 
 
 637 
 1649 
 
 39 
 
 Conduct : — 
 
 
 
 Good 
 
 1071 
 
 64-95 
 
 Variable . 
 
 183 
 
 11-10 
 
 Bad ... 
 
 175 
 
 10-60 
 
 Unknown 
 
 149 
 
 9-05 
 
 Deceased . 
 
 71 
 1649 
 
 4-30 
 
 
 100-00 
 
 Central Prison for Minors 
 
 The foregoing extracts from the exhaustive work 
 published by the Ministry of Justice will have shown 
 how deserving of study the Hungarian Reformatories are. 
 We must not, however, suppose them capable of accom- 
 modating more than a certain proportion of the delinquent 
 juveniles in that country, which is, indeed, incapable of 
 bearing the heavy financial burden which complete pro- 
 vision of this nature would entail. (The cost per head at 
 most of the Houses of Correction is about £20 to £25 per 
 annum ; at Kassa nearly £40.) In the last chapter of the 
 same volume an account is given of the problem of dealing 
 with the residue, and of the measures now decided upon 
 for facing it. 
 
 Some youths, those, e.g., who have committed offences 
 on the impulse of the mornent, are not in need of such a 
 training as the Reformatory provides ; some would 
 obviously derive little or no benefit from it ; while others, 
 again, are so near their twentieth year that they could 
 not stay long enough to profit. How to deal with these 
 was a question which greatly exercised the minds of the 
 
API-. HUNGARY 315 
 
 authorities, who realised the folly of treating them in the 
 same way as adults, and setting them all to the same 
 labour, labour which made them less instead of more fit 
 for normal life, because while employed on it they were 
 losing the habit of work at their own generally far harder 
 profession. The young labourer who had all his life 
 toiled on the land became completely unfitted to return 
 to it after making paper-bags in prison. But to teach an 
 industry time was lacking; for agricultural labour, to 
 which the majority of the prisoners were habituated, the 
 ordinary gaols offered no opportunities. 
 
 Finally (1905), a solution was found in the collection 
 of all minors between sixteen and twenty with sentences 
 of not less than a month in one central prison, the work 
 being organised on the principle that (a) all might be 
 employed on it ; (b) all should find it hard ; (c) all should 
 derive advantage from it, and also profit by it after their 
 release. Agriculture and horticulture, being the forms of 
 labour which best corresponded to these requirements, 
 were decided on for those months when their practice is 
 possible, domestic industries taking their place in the 
 winter. But in order that industrial workers shall not 
 suffer deterioration by their detention, it is proposed to 
 found a special prison for this class. 
 
 While rendering the work performed more useful, it 
 was decided that the punishment of imprisonment ought 
 in general to be more rigorous. 
 
 In sum, the arrangements concluded for minors not 
 committed directly by the Courts to Houses of Correction 
 were (a) that the Public Prosecutor should, through the 
 Committee of Surveillance, recommend the placing in a 
 House of Correction of those offenders aged from fifteen 
 to eighteen years who, condemned to prison, would be 
 susceptible to a reformative education ; (b) that children 
 of twelve to fifteen should all be sent to Houses of Cor- 
 rection, with the exception of those, comparatively few, 
 unlikely to profit by such a training or for whom the 
 parents' consent to their commitment to an institution 
 
316 THE MAKING OF THE CEIMINAL app. 
 
 cannot be obtained ; these exceptions are to be detained 
 in the gaols (maisons d'arrit), but strictly separated from 
 adults ; (c) that lads of sixteen to twenty years should be 
 committed to the Central Prison for Minors. 
 
 At present there is only one such prison — Kassa, with 
 a capacity for receiving 224 inmates. Work is arranged 
 in connection with the House of Correction also at Kassa, 
 which owns a large extent of land. Much of the field and 
 garden labour is so simple that the pupils would waste 
 their time in performing it when they might be learning 
 something fresh, and here, to the general advantage, the 
 prisoners step in. No intercourse is permitted between 
 the two classes. In winter domestic industries are to be 
 substituted for outdoor labour, namely, basket-work, straw- 
 plaiting (hats, matting, chairs, etc.), making implements, 
 etc., of wood. Care is to be taken to have the best tools, 
 materials, and instructors possible, in order that a good 
 market may be secured for the products. If prisoners 
 continue these winter industries after their release, the 
 prison, to encourage the liking for work which may have 
 been developed, is to undertake to buy and dispose of the 
 articles. 
 
 It is recommended that prisoners be paid in the same 
 way as the pupils in the Houses of Correction, but at a 
 higher rate. The hours of work are long (twelve hours' 
 field labour), and sustained effort is enforced. 
 
 The moral effect of the system is found to be excellent, 
 and discipline leaves little to be desired. The youths like 
 their work, and are said to display such zeal that dismissal 
 from a field-class is employed as a punishment. Their 
 amour-propre is awakened by the separation from the 
 adults, the wearing of a completely different dress, and 
 the sense that they are regarded and treated as likely to 
 do well. There is no corrupting or depressing atmosphere 
 of prison about their life, for the land they work on being 
 at a distance of about two miles, they leave the building 
 at 6 A.M. and only return at 7 P.M. 
 
CANADA 
 
 The Children's Protection Act of Ontario 
 
 3. The Lieutenant-Governor in Council may appoint 
 an officer who shall be known as the Superintendent of 
 Neglected and Dependent Children, and whose salary 
 shall be paid out of such moneys as may from time to 
 time be set apart for the purpose by the Legislative 
 Assembly of the Province ; . . . 
 
 21. Municipal Councils in cities, towns, and incorpo- 
 rated villages shall have power to pass bylaws for the 
 regulation of the time after which children shall not be 
 in the streets at nightfall without proper guardianship . . . 
 and such Municipal Council shall cause a bell or bells to 
 be rung at or near the time appointed as a warning, to be 
 called the " curfew bell," after which the children so 
 required to be in their homes or off the streets shall not 
 be upon the public streets except under proper control or 
 guardianship, or for some unavoidable cause. 
 
 29. In cities and towns with a population of more than 
 ten thousand, children under the age of sixteen years who 
 are charged with offences against the laws of this Pro- 
 vince, or who are brought before a judge for examination 
 under any of the provisions of this Act, shall not before 
 trial or examination be confined in the lock-ups or police- 
 cells used for ordinary criminals or persons charged with 
 crime, nor . . . shall such children be tried or have their 
 cases disposed of in the police-court rooms ordinarily used 
 
 317 
 
318 THE MAKING OF THE CEIMINAL app. 
 
 as such. It shall be the duty of such municipalities to 
 make separate provision for the custody and detention of 
 such children prior to their trial or examination, whether 
 by arrangement with some member of the police force or 
 other person or society who may be willing to undertake 
 the responsibility of such temporary custody or detention 
 on such terms as may be agreed upon, or by providing 
 suitable premises entirely distinct and separated from the 
 ordinary lock-ups or police-cells ; and it shall be the duty 
 of the judge to try all such children, or examine into their 
 cases and dispose thereof, where practicable, in the private 
 office of the judge, if he have one, or in some other room 
 in the municipal buildings ; or, if this be not practicable, 
 then in the ordinary police-court- room, but only in such 
 last-mentioned case when an interval of two hours shall 
 have elapsed after the other trials or examinations for the 
 day have been disposed of. 
 
 The judge shall exclude from the room or place where 
 any child under sixteen years of age ... is being tried 
 or examined, all persons other than the counsel and wit- 
 nesses in the case, officers of the law, or of any children's 
 aid society, and the immediate friends or relatives of the 
 child. 
 
 Probation-Officer 
 
 1. Where a child apparently under the age of sixteen 
 years is brought before a judge charged with any offence 
 against the laws of this Province, the said judge may, 
 without making a conviction, order the child to be placed 
 under the care of a probation-officer, and may by such order 
 require a report to be submitted to him by the officer from 
 time to time concerning the progress and welfare of the 
 child. . . . 
 
 3. It shall be the duty of the probation-officer to take 
 a personal interest in the child placed under his care, so 
 as to secure its reformation and enable it to lead a 
 respectable life. 
 
VICTOEIA 
 
 Act 579, 1890 
 
 Reformatories may be established either by the Governor 
 in Council or by private persons with the approval of the 
 Governor. Reformatories privately established mayreceive 
 from the State a sum not exceeding . . . five shillings a 
 week per child. 
 
 Whenever any child, apparently under the age of 
 seventeen, is convicted of any offence for which a sentence 
 of imprisonment may be awarded, the judge or chairman 
 of the Court before which, or any two or more justices 
 by whom such child is so convicted may, in lieu of any 
 sentence of imprisonment, order such child to be com- 
 mitted, if apparently over the age of twelve years, or 
 having, in the opinion of such judge, chairman, or justices, 
 been leading an immoral or depraved life, to a Reforma- 
 tory School, and if apparently under the age of twelve 
 years, and not having, in the opinion of such judge, chair- 
 , man, or justices, been leading an immoral or depraved 
 life, to the care of the Department for Neglected Children. 
 The Court may, however, under the special circumstances 
 of any case, order any child apparently over the age of 
 twelve years, and not having, in their opinion, been 
 leading an immoral or depraved life, to be committed to 
 the care of the Department for Neglected Children instead 
 of to a Reformatory. 
 
 When any child apparently under the age of eighteen 
 319 
 
320 THE MAKING OF THE CRIMINAL app. 
 
 years is confined in any gaol under sentence of imprison- 
 ment, it shall be the duty of the Inspector-General of 
 Penal Establishments to consult with the Secretary, and 
 consider whether such child could be properly transferred 
 to a Reformatory School ; and if the Inspector-General 
 and Secretary concur that such child should be transferred 
 to a Reformatory School, they may jointly report to the 
 Minister to that effect, naming the School to which, in 
 their opinion, such child could be properly transferred, and 
 accompanying their report by a full record of such child ; 
 and the Minister shall transmit such report and record to 
 the superintendent or matron of the School, who shall make 
 their remarks thereon and return it to the Minister, who 
 shall lay such report and record, together with the remarks 
 of the superintendent or matron, before the Governor in 
 Council, who may, if it seem fit, order that the child be 
 transferred to such Reformatory School. 
 
 Subject to the regulations of the Governor in Council, 
 every ward of the Department for Reformatory Schools 
 may, from time to time, be dealt with by the super- 
 intendent or matron in one or other of the following 
 ways : — 
 
 (1) Detained in the Reformatory School. 
 
 (2) Transferred, with the approval of the Minister, 
 
 to some other Reformatory School ... 
 
 (3) Transferred, with the approval of the Minister, 
 
 to the care of the Department for Neglected 
 Children. 
 
 (4) Placed at service with some suitable person. 
 
 (5) Apprenticed to some trade, either on land or at ' 
 
 sea. 
 
 (6) Placed in the custody of some suitable person 
 
 who has given a bond, with or without sureties, 
 in the form prescribed by the regulations of 
 the Governor in Council, conditioned for the 
 good behaviour of such ward. 
 
UNITED STATES OF AMEEICA 
 New York State Reformatory Law 
 
 Penal Code, § 700 
 
 A MALE between the ages of sixteen and thirty convicted 
 of a felony, who has not theretofore been convicted of 
 a crime punishable by imprisonment in a State prison, 
 may, in the discretion of the trial Court, be sentenced to 
 imprisonment in the New York State Reformatory at 
 Elmira, to be there confined under the provisions of law 
 relating to that Reformatory. 
 
 Laws of 1887, Gha'pter 711, § 9 
 
 Any person who shall be convicted of an offence 
 punishable by imprisonment in the New York State 
 Reformatory and who, upon such conviction, shall be 
 sentenced to imprisonment therein, shall be imprisoned 
 according to this Act, and not otherwise, and the Courts 
 of this State imposing such sentence shall not fix or 
 limit the duration thereof. The term of such imprison- 
 ment of any person so convicted and sentenced shall 
 be terminated by the managers of the Reformatory as 
 authorised by this Act, hut such imprisonment shall not 
 exceed the maximum term provided by law for the crime for 
 which the prisoner was convicted and sentenced. 
 
 321 Y 
 
g 21. If the board of managers have reasonable cause 
 
 322 THE MAKING OF THE CEIMINAL app. 
 
 Laws of 1900, Chapter 378, §§ 20, 21, 24 
 
 § 20. The board of managers of such Reformatory may 
 allow any prisoner confined therein to go upon parole 
 outside of the Reformatory buildings and enclosures 
 pursuant to the rules of the board of managers. A 
 person so paroled shall remain in the legal custody and 
 under the control of the board until his absolute discharge 
 as provided by law, 
 
 § "^ 
 to believe that a paroled prisoner has violated the con- 
 ditions of his parole the board may issue its warrant, 
 certified by its secretary, for the taking of such prisoner 
 at any time prior to his absolute discharge. Such warrant 
 or warrants may be issued to an oflBcer of the Reformatory 
 or to any police officer of the State, who shall execute the 
 same by taking such prisoner into custody within the 
 time specified in the warrant. Thereupon such officer 
 shall return such prisoner to the Reformatory, where he 
 may be retained for the remainder of the maximum time 
 provided by law. 
 
 § 24. When it appears to the board of managers that 
 there is a strong or reasonable probability that any 
 prisoner will remain at liberty without violating the 
 law, and that his release is not incompatible with the 
 welfare of society, they shall issue to such prisoner an 
 absolute release or discharge from imprisonment. 
 
 New York State Reformatory at Elmira. 
 Thirteenth Annual Report, 1906 
 
 " The State Courts, in their discretion, may send here, 
 under an indeterminate sentence, any male felon between 
 the ages of sixteen and thirty who has not before served 
 a term in a State prison. Though popularly described as 
 ' first offenders,' many of these prisoners are not so in 
 fact. Some have previously served terms for felony in 
 penitentiaries and jails, and nearly half have been in 
 
App. UNITED STATES OF AMEEICA 323 
 
 other institutions, and still others have been convicted of 
 offences against the criminal law for which fines were 
 imposed. . . . 
 
 " The Courts have sentenced these men to imprisonment 
 to remove them for the time being from society, to the 
 welfare of which their acts have shown them to be a 
 menace. The Reformatory rather than a State prison has 
 been selected as the place of imprisonment on the theory 
 that there is possibly enough good in them to justify the 
 hope that they can be changed so as to cease to be a 
 burden on the public by becoming law-abiding and self- 
 supporting citizens. 
 
 " Bringing about such a change is our commission. 
 
 " Punishment for some particular crime they all 
 receive, in that such crime leads to the restraint of their 
 liberties while they are in the institution. This, however, 
 is but an incident. 
 
 " We are not asked to consider the past, but only the 
 future. The commitment papers give us no information as 
 to the circumstances of their misdeeds, and no suggestion 
 as to how long they should be confined. We are by 
 statute expressly permitted, in our discretion, to ' allow 
 any prisoner to go upon parole outside the Eeformatory 
 buildings and enclosures,' and to give ' an absolute release 
 or discharge from imprisonment ' when it appears ' that 
 there is a strong or reasonable probability that any 
 prisoner will remain at liberty without violating the law.' 
 Conversely, with certain limitations ... we are expected 
 to keep them until they are educated, trained, and reformed 
 so as to stand this test. 
 
 " The institution is therefore primarily a great school. 
 
 "... We do not find anything mysterious or dis- 
 tinctive about the ordinary criminal. He is thoroughly 
 commonplace, so the education and training he requires 
 does not differ materially from that which would be good 
 for the ordinary man. 
 
 "We have discovered no alchemy for turning base 
 metals into gold, nor any different methods for making 
 
324 THE MAKING OF THE CEIMHSTAL api.. 
 
 good citizens than those which prevail in the best public 
 and private schools for free men. Superintendent Scott, 
 before the National Prison Congress last year, thus, in a 
 few words, summed up the principle under which he 
 works : ' The best method for the reformation of criminals 
 is to subject them to a system of discipline and training 
 which is found essential to the training of the normal 
 youth to correct moral and social living.' 
 
 "We try to develop what good natural qualities, 
 physical, mental, and moral, they may possess, and add 
 new ones, and to make them masters of themselves so 
 they may keep evil impulses in check. 
 
 " The particular crime for which he was sentenced, 
 considered by itself, throws little light on the question 
 what treatment a prisoner needs. It seldom happens 
 that a man goes wrong suddenly. Usually there is some- 
 thing radically wrong about him long before he becomes 
 technically a criminal. The crime of burglary, grand 
 larceny, or forgery, as the case may be, followed naturally 
 enough from what had gone before. We therefore, prior 
 to assigning him his work in the institution, find out 
 all we can about his ancestry, environment, associations, 
 education, habits of life, attainments, and physical and 
 mental condition. 
 
 " These usually show very plainly why he became a 
 criminal, and suggest how the cure must come, if cure be 
 possible. 
 
 " As a general principle it can be said that if a man 
 does not earn enough to support himself and those depen- 
 dent on him, he has to beg or steal, in either case becoming 
 a burden on the community. He cannot earn living wages 
 unless he knows how to do something which will command 
 them. In the lowest grades there is seldom enough work 
 to go around, and in the competition the poorest qualified 
 labourers remain idle, and the prison or the poorhouse is 
 their natural destination. 
 
 " It is also a fundamental truth that, other things 
 being equal, a man who has been a convict is at a 
 
App. UNITED STATES OF AMEEICA 325 
 
 disadvantage in securing and retaining work. If a man 
 does not raise his industrial grade while in confinement, 
 he will find himself on his release worse off than before. 
 
 " The statistics show that a very large proportion of 
 the Reformatory population are at the very bottom in the 
 industrial scale. Unless they can be raised there is little 
 hope for their remaining honest. 
 
 "... Hundreds of men each year go out of the 
 institution with their earning capacity doubled even if 
 they have not become skilled workmen. This also, we 
 find, powerfully makes for righteousness. 
 
 " Systematic physical exercise and enforced regular 
 habits enable nearly every inmate to leave the institution 
 a sounder and stronger man physically than when he 
 entered, and thus better equipped for the battle of 
 life. 
 
 " Military drill, long continued, makes neatness, order, 
 and respect for law and authority habitual. 
 
 " It may be said in criticism that these things affect 
 only the physical and mental sides of their natures, and 
 that what these young fellows need is moral improve- 
 ment. 
 
 "It is true that the ordinary prisoner at the start 
 earnestly applies himself to these things without any love 
 for any of them, and simply because he is told that only 
 by a certain record of proficiency in them can he gain his 
 freedom, but in the doing there comes in time a develop- 
 ment of that indescribable thing that we call character, 
 and everything comes to be looked at from a different 
 and better point of view. He acquires the power of 
 concentrated and persistent effort, changes his aims and 
 ambitions, and becomes receptive to the more direct moral 
 influences of the institution. . . . 
 
 "... When we become convinced by upward of a 
 year's observation that a man fully intends to live an honest 
 life and has a fair equipment for it, we grant him a parole 
 and allow him to try his good resolutions in the outside 
 world, keeping him under supervision for at least six 
 
326 THE MAKING- OF THE CEIMHSTAL app. 
 
 months, and bringing him back to the institution if he 
 shows signs of relapse. 
 
 " All do not stand the test. A gratifying proportion, 
 however, do well, and subsequently gain their absolute 
 releases, which means that, in our opinion, they have 
 again become a part of the community with which the 
 administrators of the criminal law have no concern. . . . 
 
 "... Under the old-fashioned punitive system the 
 idea was to grade crimes and grade punishments to fit 
 them which would make the offender suffer enough so 
 that he would not iare to commit that offence again. 
 Under the modern reformative system an effort is made 
 to train him so that he will not mzh to commit crime 
 again. . . . 
 
 "... The State shuts up many of the insane for 
 much the same reason that it does the criminal — that is, 
 self-protection — and does not release them from hospitals 
 and asylums until it is thought that they are cured. 
 
 " We believe that the same rule should be applied to 
 a morally diseased person who is committed to a 
 Reformatory, and that he should not be allowed to go 
 outside the Reformatory building and enclosures until he 
 has done something to indicate that he may perhaps 
 safely be restored to society, and that after his return 
 to society he should continue on probation under State 
 supervision and control. 
 
 "The so-called 'indeterminate' sentence aids in 
 accomplishing this, but so long as a maximum is fixed 
 it is not truly 'indeterminate,' and if that maximum 
 is short, its object in many cases ... is defeated." 
 
 The record of men released on parole in 1904, com- 
 piled from nine to twenty -one months after their 
 discharge, is as follows : — 
 
APP. 
 
 UNITED STATES OF AMEEICA 327 
 
 
 Number. 
 
 Total. 
 
 Per cent. 
 
 Total 
 per cent. 
 
 Numher paroled 
 
 695 
 
 
 
 
 Absolutely released 
 
 533 
 
 
 76-8 
 
 
 Still making good reports . 
 
 8 
 
 
 1-2 
 
 
 In foreign countries . 
 
 2 
 
 
 ■3 
 
 
 Conduct satisfactory . 
 
 
 543 
 
 
 78-3 
 
 Returned for violation of 
 
 
 
 
 
 parole .... 
 
 53 
 
 
 7-7 
 
 
 Not apprehended 
 
 65 
 
 
 9-2 
 
 
 Maximum time expired while 
 
 
 
 
 
 on parole 
 
 5 
 
 
 ■7 
 
 
 Conduct on parole more or 
 
 
 
 
 
 less unsatisfactory 
 
 
 123 
 
 
 17-6 
 
 In other prisons . 
 
 24 
 
 
 3-4 
 
 
 Back here on new charge . 
 
 5 
 
 
 ■7 
 
 
 Returned to crime 
 
 
 29 
 
 
 4-1 
 
 During 1905, 830 were paroled, of whom 85 per 
 cent are "apparently reformed," and 2 '5 per cent have 
 "returned to crime." It is usually found that those 
 who are going to do wrong again do so quite promptly. 
 
 The cost per head at some of the American Reformatories 
 for persons between sixteen and twenty-five or thirty 
 is : — 
 
 Minnesota State Reformatory 
 
 . $314-U 
 
 Colorado „ „ 
 
 . 301-85 
 
 Massachusetts „ „ 
 
 . 237-69 
 
 New York „ „ 
 
 . 175-93 
 
 Ohio „ „ 
 
 . 168-75 
 
 Indiana „ ,, 
 
 . 149-28 
 
 Extract from a Letter from an ex-Inmate of Elmira 
 Reformatory 
 
 "... You can plainly see the fix I would be in if I 
 had not mastered shorthand. There has always been a 
 doubt in my mind that I could have learned it had I tried 
 to do so while in free life. It was the fact that I was 
 
328 THE MAKING OF THE CEIMINAL app. 
 
 compelled to apply my mind to it, or take the conse- 
 quences, that was the ' force ' behind my learning it. I 
 think this applies to a great many other trades. Under 
 the conditions at your institution the pupil is simply 
 compelled to master what he is capable of learning. 
 Perhaps at the very outset he don't want to, but as he 
 realises his position he gradually makes up his mind that 
 he will, not that he will use it when he again is free, but 
 simply because it will lead to his freedom so much quicker. 
 When he is free, and finds that he has got something to 
 fall back on, he is generally mighty glad that he did learn 
 his trade. This seldom dawns on his mind when he is a 
 prisoner." 
 
 The following are representative documents : — 
 Utah State Prison 
 
 Rules for Grading Prisoners 
 
 1. Inmates of the Utah State Prison will be placed in 
 three grades. . . . 
 
 2. Each prisoner committed to the prison will enter the 
 second grade, and may be promoted by the warden for 
 being obedient, attentive, industrious, and studious for 
 three consecutive months, and who has not been repri- 
 manded or reported during that time. 
 
 3. The warden may reduce prisoners from the first to 
 the second or third grade. . . . 
 
 5. Prisoners will not be paroled except from the first 
 grade. . . . 
 
 Rules for Paroling Prisoners 
 
 1. No prisoner will be paroled who has not been in 
 the first grade continuously for a period of at least three 
 months. . . . 
 
 2. No prisoner will be released on parole until satis- 
 
App. UNITED STATES OF AMEEICA 329 
 
 factory evidence is furnished the board in writing that 
 employment has been secured from some responsible 
 person. . . . 
 
 3. No person will be paroled until the board of cor- 
 rection are satisfied that he will conform to the rules and 
 regulations of his parole. 
 
 4. Every paroled prisoner will be liable to be retaken 
 and again confined within the enclosure of said institution 
 for any reason that shall be satisfactory to the board, and 
 at their sole discretion, and will remain therein until 
 released by law. 
 
 5. It will require the afiirmative vote of all members 
 of the board to grant a parole. . . . 
 
 Copy of Employment Agreement 
 
 To the Board of Managers, 
 
 Pennsylvania Industrial Eeformatory, 
 Huntingdon. 
 
 Gentlemen — I, , at present engaged 
 
 in the business at , hereby declare 
 
 my willingness to take into my employment, and if his 
 conduct is satisfactory, to continue in my employment 
 until he receives his final discharge (which will not be less 
 than seven months from the date of his parole), 
 
 , No. , at present an inmate of the 
 
 Pennsylvania Industrial Reformatory ; and I agree to pay 
 the said the sum of $ per 
 
 for his services (state whether this includes his board or not). 
 
 I also agree to take a friendly interest in the said 
 person, to counsel and direct him in that which is good, 
 and that I will promptly report to the management of the 
 Eeformatory any unnecessary absence from work, any 
 tendency to low or evil associations, or any violations of 
 the conditions of his parole ; and I will see that he 
 forwards his monthly report to the general superin- 
 tendent of the Eeformatory on the first of each month, 
 and will certify to its being correct. 
 
330 THE MAKIJ^G OF THE CEIMINAL app. 
 
 A certificate of acquaintance with the proposed em- 
 ployer and belief in his fitness, etc., must be signed by 
 one known to be occupying an ofiicial position or known 
 to one or more members of the board of managers as a 
 reputable and reliable citizen. 
 
 Letter sent with Employment Agreement to 
 PROPOSED Employer 
 
 . . . Before he can obtain his release on parole he 
 must obtain employment at some legitimate work whereby 
 he may be able to maintain himself properly for at least 
 six months from the date of his parole, and until such 
 time as he receives his final discharge, which will be 
 granted him by our board of managers. 
 
 In case he finds it desirable to change his employment 
 or residence, he shall first obtain the written consent of 
 the board of managers through the general superintendent 
 of said Reformatory. 
 
 He shall on the first day of each month until his 
 final release, write the general superintendent of said 
 Reformatory a report of himself. . . . 
 
 . . . He shall while on parole remain in the legal 
 custody and under the control of said board. 
 
 He shall be liable to be retaken and again confined 
 within the enclosure of said Reformatory for any reason 
 that shall be satisfactory to the board of managers, and 
 at their sole discretion, until he receives written notice 
 from the general superintendent that his final release has 
 been ordered by the Court which sentenced him to the 
 Reformatory. 
 
 The management of said Reformatory has a lively 
 interest in the subject of this parole, and he need not 
 fear or hesitate freely to communicate with the general 
 superintendent in case he loses his situation or becomes 
 unable to labour by reason of sickness or otherwise. 
 
App. UNITED STATES OF AMERICA 331 
 
 Monthly Report 
 
 Of , No. . Paroled 
 
 To 
 
 Warden, Minnesota State Prison. 
 
 1. By whom have you been employed the past month? 
 
 2. At what kind of work 1 
 
 3. How many days have you worked ? 
 
 4. "What has been your wages per day or month ? 
 
 5. How much of your earnings have you expended, 
 and for what 1 
 
 6. How much money have you now on hand or due 
 you? 
 
 7. If you have been idle during any portion of the 
 month, state why. 
 
 8. Are you satisfied with your present employment ? 
 If not, why not ? 
 
 9. Where do you spend your evenings ? 
 
 10. Do you attend church ? 
 
 11. Have you used tobacco ? 
 
 12. Have you used intoxicating liquor ? 
 
 13. State what books, papers, or magazines you have 
 read. 
 
 14. Have you attended any public meeting, dances, 
 picnics, or parties during the month ? If so, where and 
 when? 
 
 15. State in a general way your surroundings and 
 prospects. 
 
 16. Have you had any trouble or misunderstanding 
 with any one ? If so, state full particulars. 
 
 Remarks. 
 
 Dated at , Minn., this 
 
 day of 
 
332 THE MAKING OF THE CEIMINAL app. 
 
 Statement of Employer 
 
 I have read the above statements of paroled prisoner, 
 and certify that to the best of my knowledge they are 
 true. 
 
 Countersigned, 
 
THE PEISON AND YOUNG OFFENDEES 
 
 "I SAY, unhesitatingly, that if a society for the 
 .manufacture of criminals were set on foot, that society 
 could in no better way further its aims than by pressing 
 for the imprisonment of every little boy and girl who 
 could, on any decent pretext, be brought before a bench 
 of magistrates. Prison officials well know the hardening 
 influence of gaol life on the young, and statistics show 
 how unlikely it is that the first term of imprisonment will 
 be the last in the case of children of tender years. They 
 learn the secret which should jealously be kept from them 
 — that a short imprisonment is, after all, no such very 
 terrible punishment." — Rev. C. Goldney, Prison Chaplain. 
 
 " The real cause of recidivism lies in the perversion 
 due to such infection -nests as the Lyons prison is. I 
 suppose that to lock up hundreds of boys in such 
 infection-nests is surely to commit a crime much worse 
 than any of those committed by any of the convicts 
 themselves." — Prince Krapotkinb, In Russian and French 
 Prisms, 1887. 
 
 " The prison, as it is organised, is a sewer throwing 
 out into society a continuous flood of purulence, the 
 germs of physiological and moral contagion. It poisons, 
 brutalises, depresses, and corrupts. It is a manufactory 
 at once of the phthisical, the insane, and the criminal." — 
 M. Fmile Gautiek, Le Monde des Prisons, 1888. 
 
 333 
 
334 THE MAKING OF THE CEIMINAL app. 
 
 " The prison is still the best school of crime which we 
 possess." — Dr. Paul Aubry, Le Contagion du Meurtre. 
 
 " I have seen young men enter the Grande Eoquette 
 guilty, but not corrupted, who went out decided to 
 commit crimes which a few months before they would 
 have regarded with horror." — AbbjS Moreau. 
 
 Lord Coleridge is reported as saying, in 1885, that 
 " there were few things more frequently borne in upon a 
 judge's mind than the little good he could do the criminal 
 by the sentence he imposed. These sentences often did 
 nothing but unmixed harm, though he was sure that 
 throughout the country the greatest pains had been taken 
 to make our prisons as useful as possible in the way of 
 being Reformatories. But, as a matter of fact, they were 
 not so." 
 
 The above are quoted by Mr. Havelock Ellis, in The 
 Criminal. He himself writes : " The prison is an 
 incubator for those who are young in crime, a place 
 of torture for those who possess the finer feelings of 
 humanity, that is precisely the class of people, usually, 
 who ought not to be sent to prison ; but to habitual 
 offenders, the confirmed recidivists, precisely the class of 
 people on whom the prison ought to work as at once a 
 reforming and deterring influence, it is simply a welcome 
 and comfortable home. It is a well-known fact that the 
 prison is preferred to the workhouse." 
 
THE FAILUEE OF PEISOK TREATMENT 
 
 " ' Why are our prisons failures 1 ' asks Mr. Horsley, 
 who is as impressed as much as any one by the material 
 progress of prisons. 'Men are asking, and will more 
 loudly ask, Why are our prisons such utter failures ? In 
 the face of the phenomena of recidivism, and men and 
 women with hundreds of convictions, it is absurd to 
 imagine that they are as deterrent as they should be.' 
 The prisoner is, he points out, but temporarily suspended 
 from habits of crime by circumstances not under his 
 own control : ' He may even boast of his intentions, 
 but out he must go, with as much safety to the State 
 as if all mad dogs were muzzled for twenty-four hours 
 and then all unmuzzled, because it had been found 
 that in that period a certain proportion ceased to be 
 dangerous ; or as if all smallpox patients were dis- 
 charged from hospital so many weeks after reception, 
 whether cured or not.' " 
 
 " The key to the failure of the prison, and a chief clue 
 in its reform, lies in the system of administering definite 
 and predetermined sentences by judges who, being 
 ignorant of the nature of the individual before them, 
 and therefore of the effect of the sentence upon him, and 
 of its justice, are really incompetent to judge. ... Of 
 long sentences . . . the justice ... it is obvious, must 
 be quite a matter of chance. But the short-term 
 imprisonments reveal quite as clearly the inadequacy 
 of the system. The newspapers constantly tell of old 
 
 335 
 
336 THE MAKING OF THE CKIMINAL app. 
 
 offenders who have been in prison for over a hundred 
 short periods." 
 
 " Thrusting a man into prison, when everything is said, 
 is a measure only to be taken with the utmost circum- 
 spection, after consideration of the individual's antecedents 
 and a clear conception of the ends to be attained by 
 imprisoning him. To relegate almost indiscriminately to 
 prison the miscellaneous army that file through a police- 
 court is an ignorant and dangerous policy ; there is little 
 hope of good result, and a considerable chance of evil 
 result. If the period is for a few weeks only no 
 permaneat beneficial end can be anticipated, even under 
 the best of conditions ; while during so short a period 
 no useful work can be commenced, so that there is a 
 direct incitement to idleness. When the prison has been 
 decided on, the period of detention must be indefinite, 
 according to the results obtained in the opinion of those 
 competent officers specially appointed to form such 
 decisions, and the liberation will be conditional. 
 
 " It is a wholesome sign of progress that in so many 
 European countries substitutes for the prison, in the case 
 of minor offenders, are being anxiously sought and 
 gradually adopted." — Havelock Ellis, The Criminal, 
 1901, pp. 306, 319-20, 343-4. 
 
DESIEABILITY OF EXTENDING AGE 
 OF ADMISSION TO EEFOKMATOEY SCHOOLS 
 
 " If Hooliganism is to be successfully dealt with, not 
 only must the full benefit of the existing law be brought 
 to bear upon the rising generation of such a type, as a 
 matter of prevention, but it is necessary to grapple with 
 those who are older in disorder and crime, and who can- 
 not be brought under Reformatory influence without an 
 extension of the age of admission to these schools. It 
 has been urged for several years that power should be 
 given to commit lads to suitable selected schools up to 
 eighteen years of age, and to retain them till twenty-one, 
 and this was very strongly recommended by the last Prison 
 Commission after hearing a great deal of expert evidence 
 on the subject. 
 
 " Let it be noted that only in this way shall we fairly 
 face the most difficult problem of juvenile crime, and the 
 matter is becoming more and more pressing for solution. 
 We are told on good authority that one-third of all 
 burglars are boys from sixteen to twenty-one, that the 
 proportion of criminals from sixteen to twenty -one is 
 increasing in England, and is higher than at any other 
 age, being nearly (sometimes over) a fifth of the total. 
 While one-fourth of all the convictions for larceny are 
 against juveniles under sixteen, twenty per cent of crimes 
 against morals are committed by those under twenty-one. 
 Why not include these cases in Reformatory work 1 " — 
 The Nineteenth Century, January 1901; "Hooliganism," 
 John Trevarthen (of the Farm School, Redhill). 
 
 337 Z 
 
338 THE MAKING OF THE CEIMINAL app. 
 
 "It is incontrovertibly established in our experience 
 that the longer terms of detention showed the best results 
 afterwards, i.e. boys with four years' training turned out 
 much better than those with three years only, and those 
 with five years better than those for four years. We 
 have always urged that the longest term possible should 
 be given in all cases, for we can shorten it if it is not 
 necessary to keep the lad. So we feel that the age limit 
 of nineteen instead of twenty- one, as formerly, was a 
 distinctly retrograde step, and ought to be altered back 
 again. All we want is the opportunity to do our work 
 thoroughly, and that is often impossible when a really 
 bad lad comes in at sixteen and must perforce leave at 
 nineteen. 
 
 " I beg to move, ' That in the opinion of this Congress 
 it is desirable that cases up to eighteen years of age should 
 be admissible to Eeformatories ; that in the older cases 
 the term should extend to twenty-one years of age, and 
 in others to the extent of five years, subject to license in 
 the manager's discretion when qualified for earlier dis- 
 charge.' " — The Third International Congress for the Wel- 
 fare and Protection of Children, 1902; "Reformatory 
 and Preventive Work," John Trevarthen. 
 
CELLULAR CONFINEMENT 
 
 "... Cellulak confinement is a curious monument 
 of human perversity. ... To suppose that it will tend 
 to make the criminal a reasonable human being is as 
 rational as to suppose that it will tend to make him a 
 soldier or a sailor, a doctor or a clergyman. The mistake 
 here is the old one that has vitiated so much of human 
 action where the criminal is concerned — the mistake, that 
 is, of supposing that at all points he is an average human 
 being. . . . Turn to the vacuous-minded, erratic, and 
 animal person who is usually the criminal. Solitude pro- 
 duces in him ... no intellectual activity, and no search- 
 ing of conscience ; it seems merely to deepen his mental 
 vacuity . . . the cell excludes all the bracing influences 
 of struggle ; the morality of the cell is submission, punctu- 
 ality, quietness, politeness to warders. A moral life shut 
 up in such a frame has nothing in common with social 
 morality." — Havelock Ellis, The Criminal, pp. 328-9. 
 
 Cf. Elmira Year-Book, 1892: — "The more nearly the 
 life of the prisoner approaches in its conditions that of the 
 free citizen, the closer is the test ... of his fitness to 
 assume again a position among free men. That system 
 which cultivates in the prisoner the same habits, which 
 appeals to the same motives, and awakes in him the same 
 ambitions that belong to the free citizen, is best calculated 
 to reform him." 
 
 339 
 
CHILDEEN'S COUETS AND CHILDEEN'S 
 PEOBATION-OFFICEES 
 
 " Es ist selbstverstandlich, dass auch die Stellung^ des 
 Richters zu den Straffallen der Jugend eine andere wird 
 als bisher. Wenn er die richtige Auswahl unter den 
 Massregeln treflfen soil, die er mogliclierweise verhangen 
 kann, muss er die Einrichtungen, die in Frage kommen 
 konnen, also vor allem die Anstalten, kennen und 
 beobachtet haben. Seine Vorbildung zu einem Amte, das 
 richterliche und vormundschaftliclie Funktionen in sich 
 schliesst, wird teilweise eine andere sein miissen als unter 
 den heutigen Verhaltnissen, in denen der Richter Strafen 
 verhangt, die er oft weder in ihrer Strenge nocb in ihrer 
 Wirkung auf Korper und Geist des Verurteilten abzu- 
 schatzen im stande ist." — Baernreither, p. xliii. 
 
 As a matter of course, also, tbe attitude of the judge 
 to the delinquencies of youth will be different to what it 
 has hitherto been. If he is to make the right choice 
 amongst the measures possible for him to adopt, he must 
 know and have studied the arrangements which can come 
 in question, i.e. above all the institutions. His pre- 
 paratory training for an office which combines in itself 
 the functions of judge and, guardian must, in part, be 
 other than it is under present conditions, in which the 
 judge inflicts penalties the severity of which, and their 
 effect on the body and mind of the condemned, he is often 
 not in a position to estimate. 
 
 340 
 
App. CHILDEEN'S COUETS 341 
 
 Cf. also Report on the Juvenile Court in Milwaukee 
 ("Wisconsin) by Bert Hall, Probation-Officer of the Court : 
 — " The Juvenile Court is in session one half -day each 
 week — Wednesday afternoon. The rest of Judge Neelen's 
 time is devoted to the consideration of the usual cases 
 that come before a police magistrate. Many of those 
 who have watched the working of the Court feel that it is 
 practically impossible for a judge who devotes so much of 
 his time to the contemplation of the ofl'ences of the most 
 depraved criminals to be in the correct frame of mind for 
 the consideration of the proper disposition of the cases of 
 juvenile violators of the law. They feel that it would be 
 much better if the cases could be heard in some place 
 outside of the Criminal Court and by a judge who is not 
 engaged in hearing criminal cases." 
 
 An Act Concerning Delinquent Children 
 
 Be it enacted by the General Assembly of the State of 
 Golm-ado : — 
 
 § 1. This Act shall apply only to children sixteen (16) 
 years of age or under, not inmates of a State institution 
 or any institution incorporated under the laws of the 
 State for the care and correction of delinquent children. 
 The words " delinquent child " shall include any child sixteen 
 (16) years of age or under such age who violates any law of 
 this State ; or who is incorrigible ; or who knowingly associates 
 with thieves, vicious, or immoral persons ; or who is growing up 
 in idleness or crime, etc., etc. 
 
 § 2. The County Courts of the several counties in this 
 State shall have jurisdiction in all cases coming within 
 the terms and provisions of this Act. In trials under this 
 Act the child informed against, or any person interested 
 in such child, shall have the right to demand a trial by 
 jury, which shall be granted as in other cases unless 
 waived, or the judge of his own motion may call a jury 
 to try any such case. . . . 
 
342 THE MAKING OF THE CEIMINAL app. 
 
 § 8. The County Courts of the several counties in this 
 State shall have authority to appoint or designate one or 
 more discreet persons of good moral character to serve as 
 pvbation-officers during the pleasure of the Court ; said 
 probation-officers to receive no compensation from the 
 county treasury, except as herein provided. In case a 
 probation-officer shall be appointed by the Court, it shall 
 be the duty of the Clerk of the Court, if practicable, to 
 notify the said probation-officer when any child is to be 
 brought before the Court ; it shall be the duty of such 
 probation-oflBicer to make investigation of such case ; to 
 be present in Court to represent the interests of the child 
 vchen the case is heard ; to furnish to the Court such 
 information and assistance as the Court or Judge may 
 require, and to take charge of any child before and after 
 the trial, as may be directed by the Court. 
 
 § 9. In any case of a delinquent child coming under 
 the provisions of this Act, the Court may continue the 
 hearing from time to time, and may commit the child to 
 the care of a probation-officer, and may allow said child 
 to remain in its own home, subject to the visitation of the 
 probation-officer ; such child to report to the Court or 
 probation-officer as often as may be required, and subject 
 to be returned to the Court for further proceedings when- 
 ever such action may appear necessary ; or the Court- may 
 cause the child to be placed in a suitable fajiily home, 
 subject to the friendly supervision of the probation-ofScer 
 and the further order of the Court ; or it may authorise 
 the child to be boarded out in some suitable family home, 
 in case provision is made by voluntary contribution or 
 otherwise for the payment of the board of such child, 
 until suitable provision be made for the child in a home 
 without such payment ; or the Court may commit such 
 child, if a boy, to the State Industrial School for Boys, 
 or, if a girl, to the State Industrial School for Girls ; or 
 the Court may commit the child to any institution within 
 the county, incorporated under the laws of this State, 
 that may care for children, or which may be provided by 
 
App. CHILDEEN'S COUETS 343 
 
 State or county, suitable for the care of such children, or 
 to any State institution which may now or hereafter be 
 established for the care of boys or girls. In no case shall 
 a child proceeded against under the provisions of this Act 
 be committed beyond the age of twenty -one. 
 
 A child committed to any such institution shall be 
 subject to the control of the board of managers, and 
 the said board shall have power to parole such child 
 on such conditions as it may prescribe ; and the Court 
 shall, on the recommendation of the board, have power 
 to discharge such child from custody whenever, in the 
 judgment of the Court, his or her reformation is com- 
 plete ; or the Court may commit the child to the care and 
 custody of some association that will receive it, embracing 
 in its objects the care of neglected or delinquent children, 
 and which has been duly credited as herein provided. 
 
 § 12. This Act shall be liberally construed, to the end 
 that its purpose may be carried out, to wit, that the care 
 and custody and discipline of the child shall approximate 
 as nearly as may be that which should be given by its 
 parents, and that as far as practicable any delinquent 
 child shall be treated, not as a criminal, but as misdirected 
 and misguided, and needing aid, encouragement, help, and 
 assistance. 
 
 An Act to Provide for the Punishment of Per- 
 sons Eesponsible for or Contributing to the 
 Delinquency of Children; 
 
 Be it enacted by the General Assembly of the State of 
 Colorado : — 
 
 § 1. In all cases where any child shall be a delinquent 
 child or a juvenile delinquent person, as defined by the 
 statute of this State, the parent or parents, legal guardian 
 or person having the custody of such child, or any other 
 person, responsible for, or by any act encouraging, causing, 
 or contributing to the delinquency of such child, shall be 
 guilty of a misdemeanour, and upon trial and conviction 
 
344 THE MAKING OF THE CEIMINAL app. 
 
 thereof shall be fined. in a sum not to exceed one thousand 
 dollars ($1000), or imprisoned in the county jail for a 
 period not exceeding one (1) year, or by both such fine 
 and imprisonment. The Court may impose conditions 
 upon any person found guilty under this Act, and 
 so long as such person shall comply therewith to the 
 satisfaction of the Court the sentence imposed may be 
 suspended. 
 
 An Act to Confer Original Jurisdiction upon 
 County Courts in all Criminal Cases against 
 Minors 
 
 Be it enacted by the General Assembly of ihe State of 
 Colorado : — 
 
 § 9. All minors found guilty in the County Court of any 
 violation of any law of this State, or of any crime, may be sub- 
 jected by such Court to any of the terms and conditions of the 
 probation system provided for in cases of delinquent children by 
 the statute of this State, if in the opinion of the judge of such 
 Court it may be wise or proper ; subject, however, to the pro- 
 visions and limitations of this Act. 
 
 § 10. When any minor above the age of sixteen (16) years 
 shall be found guilty in the County Court of a violation of any 
 law of this State, or any crime, after pronouncing sentence the 
 judge may stay the execution of the sentence, conditioned upon 
 the good behaviour and satisfactory conduct of such minor under 
 such conditions as the Court may pi-escribe. If at any time 
 during the stay of execution of the sentence it shall be 
 made to appear to the satisfaction of the Court that the 
 sentence ought to be enforced, the Court shall have the 
 power to revoke the stay of execution and enforce the 
 sentence immediately, and the term of such sentence shall 
 commence from the date upon which the same is ordered 
 to be enforced. No such execution shall be stayed to 
 exceed a period of two years, and if at the expiration of 
 the stay of execution, or at such time prior thereto as the 
 
App. CHILDEEN'S COUETS 345 
 
 Court may deem proper, it shall appear to the satisfaction 
 of the Court that such person has complied faithfully with 
 the conditions of his probation, the Court may suspend 
 such sentence absolutely, in which case such person shall 
 be relieved therefrom. 
 
 § 11. Each person released upon probation as aforesaid 
 shall be furnished by the Court with a written statement 
 of the terms and conditions of his release. Each proba- 
 tion-officer shall keep full records of all cases investigated 
 by him and of all cases placed in his care by the Court, 
 and of any other duties performed by him under this 
 Act. 
 
PEOBATION AND PEOBATION-OFFIOEES 
 
 Ebport of the Probation Commission of the State 
 OF New York, 1906 
 
 Court of Special Sessions in the Boroughs of Manhattan 
 and the Bronx 
 
 Pp. 15-17. — If the report of the probation-officer as to the 
 previous record of a convicted offender is unfavourable, he 
 may be committed to a penal institution forthwith. If 
 the report indicates to the Court that the prisoner may 
 properly be released under suspended sentence, and under 
 the over-sight of a probation-officer, he is released, as 
 it is termed, " on parole." If the report is of such a 
 character that the Court considers probationary oversight 
 unnecessary, sentence is suspended without any proba- 
 tionary oversight. 
 
 When the offender is released " on parole," it is for a 
 period of one month. During this month the probation- 
 officer is expected to become fully acquainted with the 
 home surroundings, occupation, and habits of the prisoner. 
 The offender is required to report once a week, or occasion- 
 ally less frequently, to the probation-officer. 
 
 If the probationer violates the terms of his release, or 
 commits a new offence, or refuses to report, these facts 
 are reported to the judge, and a warrant is issued for his 
 arrest. 
 
 If the probationer's conduct is favourable, a report is 
 made to the judge at the end of the month. The Court 
 
 346 
 
App. PEOBATION 347 
 
 then either continues the period of " parole " for another 
 month, or releases the offender, as it is then termed, " on 
 probation," for a period of one year, or suspends sentence 
 indefinitely. . . . 
 
 . . . During the period of " probation " about the same 
 degree of oversight is exercised by the probation-oflBcer as 
 during the period of " parole," except that probationers 
 are required to report in person less frequently, usually 
 at periods ranging from two weeks to a month. 
 
 At the end of a year of "probation" the prisoner's 
 conduct is reported by the probation-officer to the Court, 
 and, if it has been satisfactory, sentence is then suspended 
 indefinitely, and probationary oversight ceases. 
 
 Thus there may be three stages in the treatment of 
 the offender released under suspended sentence in this 
 Court : — 
 
 First : the period of " parole." . . . 
 
 Second : the period of " probation." . . . 
 
 Third : the period of indefinite suspension of sen- 
 tence. . . . 
 
 If, in the judgment of the Court, the circumstances 
 justify it, the second stage, or both the first and the 
 second stages, are omitted. 
 
 Pp. 68-9. — The Commission is of the opinion that 
 there is not likely to be an effective probation system in 
 any city unless and until there is a considerable body of 
 public opinion informed as to the meaning and value of 
 probation, and a number of citizens who are willing to 
 become publicly identified with, and responsible for, such 
 work ; who in turn will create and extend public opinion 
 in its favour, demand higher and higher standards in its 
 administration, and protect it from improper influences. 
 It is not a problem which requires primarily administrative 
 capacity, as does the work of most city departments, but 
 is essentially a human problem, involving many delicate 
 and difiicult factors, and requiring for its successful 
 development a wide range of knowledge and experience, 
 breadth of view, constant revision of method, and intimate 
 
348 THE MAKING OF THE CRIMINAL app. 
 
 relations with other agencies for social improvement in 
 each locality. For these reasons the Commission regards 
 as its most important recommendation the suggestion that 
 in each city of the first and second classes there shall be 
 appointed an unpaid board of probation commissioners 
 who , shall have substantially the powers of a board of 
 directors in relation to probation -officers and probation 
 work. In such a board, we are convinced, there will be 
 found the required combination of organisation and flexi- 
 bility, with opportunity for necessary growth. 
 
 Pp. 61-2. — The probation system may easily become 
 so attenuated as to be of little value. If the probation- 
 officer has an excessively large number of persons under 
 his care, and consequently does not keep informed in 
 regard to their conduct and habits, if he fails to visit 
 them at their homes or places of employment, and relies 
 solely upon their occasional visits to him, or even, as in 
 some cases, on written reports or information that may 
 reach him accidentally, it is evident that probation has 
 lost its meaning, and that we cannot expect it to effect 
 any change in the point of view or habits of the offender. 
 The returns from the probation system in the form of 
 actual improvement or reformation in the habits and char- 
 acter of the offenders will be in strict proportion to the 
 amount of intelligence, energy, thought, time, care, per- 
 sonal influence, and moral suasion put into the probation 
 work by those who administer it. 
 
 The probationary oversight of juvenile offenders should 
 include full knowledge of all the important factors in the 
 child's life affecting his conduct. It should certainly 
 include full knowledge of his home surroundings ; of the 
 training received in the home ; of his attendance at school 
 and his aptitude shown in his school work ; of his forms 
 of recreation ; of his religious training. It should also 
 include that which is very frequently overlooked, but is, 
 nevertheless, of the highest importance — a careful physical 
 examination of the child by a competent physician. Such 
 
App. PEOBATION 349 
 
 an examination will often bring to light defect of the 
 senses, or other abnormal physical conditions easily sus- 
 ceptible of remedy, which have a marked bearing, if not 
 a determining effect, upon the child's conduct. 
 
 P- 75. — In the opinion of the Commission it is unsafe 
 to rely upon salaried probation -officers provided by 
 private organisations, as a permanent and sufficient form 
 of organisation. . . . 
 
 There are certain disadvantages in the use of proba- 
 tion-officers receiving salaries from private organisations. 
 Such officers are not fully responsible to the Court; 
 their time is not so completely at the service of the Court ; 
 . . . they are liable to be drawn upon for other work, 
 and in such cases must feel their first responsibility to 
 the society which provides their salaries. 
 
 P. 56. — The Protestant agent first appointed . . . 
 had other important duties to which he owed his first 
 allegiance. The Protestant officer next appointed also 
 continued his duties as a missionary, and, in our opinion, 
 did not possess all of the personal qualifications needed 
 for effective probation work, though the excellence of 
 his intentions and his usefulness as a missionary are not 
 questioned. 
 
 Pp. 42, 43.- — The probation system has another and 
 important value to the community in its economy. . . . 
 The actual saving in dollars and cents by reducing the 
 number of persons committed to penal institutions ... is 
 no inconsiderable item. . . . This is, to be sure, a strictly 
 incidental benefit. We would never advocate the adop- 
 tion of the probation system for this reason alone, but in 
 this case, fortunately, the course which is indicated as 
 best for a considerable number of convicted offenders is 
 also the course which is the most considerate of the tax- 
 payer. 
 
350 THE MAKING OF THE CKIMINAL app. 
 
 Compare with this : — 
 
 Wollte man an den hohen Kosten, welche die 
 Fiirsorgeerziehung verursacht, Anstoss nehmen — rund 6 
 Millionen Mark — so kann man wohl fragen, welchen 
 Schaden wiirden 25,000 gesellschaftsfeindliche und 
 gefahrliche Menschen im Laufe ihres Lebens anrichten ? 
 Die Rechnung wiirde sioher ergeben, dass die Fiirsorge- 
 erziehung auch iinanziell kein schlechtes Geschaft ist. 
 • — Statistik iiier die Filrsorgeerziehimg, 1906, p. xxxv. 
 
 If anybody raises objection to the high cost of 
 Guardianship -Education — roughly, six million marks 
 ( = £300,000) — one may well ask, what harm would 
 25,000 dangerous enemies of society accomplish in the 
 course of their lives 1 The result of the calculation 
 would certainly be to show that financially also 
 Guardianship-Education is no bad speculation. 
 
 Compare also : — 
 
 " A temporary seclusion from the possibility of doing 
 mischief, till a reasonable proof is given of true repen- 
 tance, is the object we are seeking ; if this expedient 
 also comprehends the preservation of the subject to the 
 State, can it cost too high a price 1 But if it shall appear 
 to be in the issue considerably the cheapest method, can 
 it be opposed ? " — James Hanway, Distributive Justice and 
 Mercy, 1781, quoted by Havelock Ellis. 
 
 In the State of Massachusetts, when a person is dis- 
 missed on probation, a card, inscribed as follows, is given 
 to him : — 
 
 COMMONWEALTH OF MASSACHUSETTS 
 
 Date 
 
 To 
 
 The Court has placed you on probation, under bonds, 
 to give you an opportunity to reform, without punish- 
 
App. PEOBATION 351 
 
 ment, and the probation-officer has become your bondsman 
 to save you from prison 
 
 ON THE FOLLOWING TERMS AND CONDITIONS : 
 
 That you diligently pursue some lawful employment. 
 
 That you be of good behaviour and keep the peace 
 toward all persons. 
 
 That you report to the probation-officer at such times 
 and places as he may require. 
 
 That you pay to the Court the costs you have made 
 the county when the Court requires. 
 
 That you notify the probation-officer immediately of 
 any change in your address. 
 
 If your promise is wilfully violated or neglected, you 
 will be surrendered to the Court for sentence. 
 
 . . . Man steuert nicht mehr einer abstrakten mora- 
 lischen Eesserung zu, sondern verfolgt das Ziel praktischer, 
 unmittelbarer, sicherer. Es handelt sich darum, aus dem 
 Verwahrlosten und verbrecherisch Veranlagten vor allem 
 ein taugliches Individuum zu machen. . . . Deswegen muss 
 sich die Besserung auf die physische Beschaffenheit so 
 gut erstrecken wie auf die moralische Gesundheit ; allge- 
 meine Kenntnisse und die Urteilsfahigkeit miissen dem 
 Individuum ebenso beigebracht werden wie eine bestimmte 
 Fertigkeit, von der in der Zukunft seine wirtschaftliche 
 Existenz abhangt. . . . Das Aufsuchen der Arbeitsgele- 
 genheit, das Anpassen an die Verhaltnisse, die Standhaftig- 
 keit gegeniiber Versuchungen machen eine Bewahrungs- 
 frist notwendig, eine Uebergangszeit, wahrend welch6r 
 das Individuum unter einer wohlwollenden aber strengen 
 und unaufhorlichen Ueberwachung stehen muss, bis endlich 
 auch diese letzte Fessel gelosfc und es der Gesellschaft 
 als ein voraussichtlich niitzliches Arbeitsglied ilbergeben 
 werden kann. Die Einrichtung dieser Bewahrungs- 
 und Uebergangszeit bildet demnach die notwendige 
 Fortsetzung der Anstaltserziehung. — Baeknebither, 
 pp. xlii.-xliii. 
 
352 THE MAKmG OF THE CEIMINAL app. 
 
 Translation 
 
 It is no longer an abstract moral reformation that is 
 aimed at, but the end is pursued by a more practical, 
 direct, and certain path. Above all, what is wanted is to 
 make of the abandoned and criminally disposed a useful 
 individual. . . . Reformation, therefore, must concern 
 itself as much with his physical constitution as with his 
 moral health ; general knowledge and a capacity for 
 judgment must be imparted as well as a certain skill (or 
 promptness) on which his material (economic) existence 
 will depend in the future. . . . The seeking of an oppor- 
 tunity of employment, adaptation to circumstances, stead- 
 fastness against temptations, make a period of protection 
 necessary, a period of transition during which the indi- 
 vidual must be under kindly but strict and constant 
 supervision, until at last these fetters too are loosed and 
 he can be handed over to society as a presumably useful 
 working member. The organisation, therefore, of this 
 period of protection and transition forms the necessary 
 continuation of education in an institution. 
 
 Das Amt des Fiirsorgers hat sich, wo es verstandniss- 
 voll gehandhabt wird, als eine wesentliche Unterstiitzung 
 bei der Durchfiihrung des Gesetzes bewahrt. Leider aber 
 findet sich nicht bei alien Fiirsorgern das geniigende 
 Interesse und Verstandniss fiir ihre Aufgaben. Dies gilt 
 namentlich von einem grossen Teil der Geistlichen, es ist 
 deshalb in vielen Fallen von der Bestallung der Geist- 
 lichen zu Fiirsorgern Abstand genommen worden und es 
 sind andere interessierte Personlichkeiten zu Fiirsorgern 
 gewonnen worden. — Statistik iiber die Filrsorgeerziehung, 
 1906, p. 15. 
 
 The functions of the probation -oflBcer where they 
 have been intelligently administered have proved a vital 
 support in carrying out the law. Unfortunately there is 
 not found in all probation-officers sufficient interest and 
 
Arp. PEOBATION 353 
 
 understanding for their tasks. This is especially applicable 
 to a large proportion of the clergy, and therefore clergymen 
 have in many cases been suspended, and other interested 
 persons appointed as probation-officers. 
 
 Hungary 
 
 Sont Iib6r6s conditionnellement, c'est-^-dire sauf 
 revocation, les pensionnaires ayant moins de 20 ans, qui 
 ont eu une bonne conduite constante et ont, k force de 
 zele montr6 k Y&cole et k I'atelier, appris un metier au 
 point de pouvoir gagner leur vie. 
 
 De m§me que les parents ne sauraient §tre toujours 
 sfirs du succes de I'^ducation, et sont maintes fois obliges 
 d'abandonner leurs enfants mineurs pour les habituer aux 
 luttes de la vie, — la maison de Correction ne pent achever 
 r^ducation et la correction de ses Aleves en les laissant 
 toujours dans I'enceinte de I'^tablissement ; elle les place, 
 pour qu'ils fassent un stage dans le metier choisi par eux 
 et dans le cadre de I'ordre social. AussitSt qu'ils pa- 
 raissent corrig6s, elle cherche k les placer, k titre d'essai, 
 chez de braves patrons qui compl6teront leur Education. 
 
 Ce placement est conditionnel, car il ne comporte pas 
 la rupture des liens qui rattachent I'^leve k I'^tablissement. 
 Si tel 616ve, affranchi de la discipline s6v6re, retombe dans 
 ses errements, le directeur peut le rappeler et lui imposer 
 une Education suppl6mentaire, k moins qu'il n'ait d6pass6 
 r%e de 20 ans. . . . 
 
 Or, il importe que I'^leve conditionnellement Iib6r6 ne 
 soit pas abandonne k sa propre force morale ou k un 
 patron qui pourrait diriger son education d'une main 
 faible ou maladroite ; il faut que I'^leve connaisse dans 
 son entourage une personne k laquelle il pourra demander 
 des conseils paternels, un appui moral, et qui se chargera 
 en meme temps de tenir I'^tablissement au courant des 
 faits et gestes de I'^leve, ainsi que des proc6d6s du 
 patron, pour que la Direction puisse prendre les mesures 
 n6cessaires. A cet effet elle d6signe pour chaque 616ve 
 
 2 A 
 
354 THE MAKING OF THE CEIMINAL app. 
 
 plac6 dans un endroit plus 61oign6 un philanthrope qui se 
 charge conform^ment au Reglement du 6 novembre 1887 — 
 de s'int6resser au sort de I'^lfeve et d'etre son protecteur. 
 
 Le directeur ou le chef de famille competent visitent 
 eux-m^mes le pensionnaire plac6 k proximit6 de I'^ta- 
 blissement. 
 
 Ce protecteur, auquel on communique tous les ante- 
 cedents de reifeve, est investi des droits moraux que la 
 Direction exerce k regard de I'eifeve, k cela pres, toutefois 
 qu'il ne peut lui infliger des punitions. 
 
 La mission du protecteur consiste k donner k cet 
 6leve des conseils, k I'exhorter, a le soutenir dans ses 
 efforts faits vers une vie morale et laborieuse, k lui 
 pr^cher la patience et I'abnegation. En cas de besoin il 
 protegera le Iib6r6 contre les iniquit6s de son patron ou 
 de tierces personnes ; de temps en temps il adressera k 
 la Direction des rapports sur la conduite de son pupille. 
 
 La Direction envoie, enfin, au patron des question- 
 naires imprim6s, avec priere de les retourner munis des 
 renseignements demand^s. 
 
 Gr^ce k ses rapports la Direction connait toujours la 
 conduite des 616ves qu'elle a Iib6r6s. — La Lutte contre la 
 CriminaliU des Mineurs en Hongrie, pp. 170-2. 
 
 Translation 
 
 Pupils under twenty years of age whose good conduct 
 has been constant, and who by their zeal in school and 
 workshop have sufficiently mastered a trade to be able to 
 earn their living, are released conditionally, that is to say 
 subject to recall. 
 
 Just as parents cannot always be certain of the success 
 of education, and are often obliged to part with their 
 children in order to accustom them to the struggles of 
 life, similarly the House of Correction cannot complete 
 the education and correction of its pupils by keeping 
 them always within the precincts of the institution ; 
 it places them out that they may progress in the trade 
 chosen by them and take their place in the order of 
 
Ai'p- PEOBATION 355 
 
 society. As soon as they appear reformed, it endeavours 
 to place them on probation with good employers who 
 will complete their education. 
 
 This placing-out is conditional, for it does not do to 
 break the bonds which attach the pupil to the institution. 
 If any pupil, freed from strict discipline, "falls back into 
 the error of his ways, the director can recall him and 
 impose on him a supplementary training, provided he has 
 not passed the age of twenty. 
 
 Now it is important that the conditionally released 
 pupil should not be left to his own moral strength, or to 
 an employer who might direct his education with feeble 
 or unskilful hand ; the pupil must know amongst those 
 around him a person from whom he can ask paternal 
 advice, in whom he will find moral support, and who at 
 the same time will undertake to keep the institution 
 informed of the acts and tendencies of the pupil, as well 
 as of the behaviour of his employer, in order that the 
 management may adopt any measures which may be 
 necessary. He therefore appoints for each pupil placed 
 at a distance from the institution a philanthropist who, 
 conformably to the Regulations of November 6, 1887, 
 undertakes to interest himself in the pupil's lot and to be 
 his protector. 
 
 The director or the qualified head of the family visits in 
 person the pupils domiciled in the vicinity of the institution. 
 
 This protector, to whom are communicated all the 
 antecedents of the pupil, is invested with the moral 
 rights exercised by the management in respect of the 
 pupil, or approximately so, although he cannot inflict 
 punishments. 
 
 The function of the protector is to advise the pupil, 
 to exhort him, to sustain him in his efforts towards a 
 moral and industrious life, to preach to him patience and 
 abnegation. In case of need he will protect him from 
 being wronged by his employer or by a third person ; 
 from time to time he will send to the management reports 
 on his conduct. 
 
356 THE MAKING OF THE CEIMINAL app. 
 
 In addition, the management sends to the employer 
 printed forms of questions, with a request that he will 
 return them furnished with the required information. 
 
 Thanks to these reports, the management always knows 
 the conduct of the pupils liberated. 
 
 Number of Previous Convictions and Present Position, 
 April 1906, op Juvenile-Adults Discharged fhom 
 H.M. Prison, Strangbways, since April 1905, and 
 
 ASSISTED BY METHODS ANALOGOUS TO THOSE ADVOCATED 
 
 FOR A Probation System. 
 
 
 
 
 Previous Convictions. 
 
 
 Present Position. 
 
 
 
 
 
 1. 
 
 2. 
 
 8. 
 
 4. 
 
 5 and over. 
 
 Total. 
 
 Per cent. 
 
 Employed 
 Unemployed 
 Lost sight of . 
 Reconvicted 
 Not followed up 
 
 Totals 
 
 15 
 3 
 
 8 
 
 1 
 4 
 
 9 
 
 2 
 2 
 
 
 5 
 
 
 
 
 
 1 
 
 2 
 1 
 
 1 
 
 5 
 
 5 
 3 
 
 
 35 
 3 
 
 17 
 
 7 
 5 
 
 52-5 
 
 4-6 
 
 25-5 
 
 10-5 
 
 7 
 
 31 
 
 13 
 
 5 
 
 5 
 
 13 
 
 67 
 
 
 Length and Numi3er op Sentences and Present Position, 
 April 1906 
 
 Present Position. 
 
 Previous Convictions. 
 
 Days. 
 
 Months. j Totals. 
 
 Under 
 7 days. 
 
 7. 
 
 14. 
 
 21. 
 
 1. 
 
 2. 
 
 3. 
 
 4 and 
 over. 
 
 No. of 
 Convic- 
 tions. 
 
 No. 
 
 of 
 
 Lads. 
 
 Employed 
 Unemployed 
 Lost sight of . 
 Reconvicted 
 Not followed np 
 
 Totals 
 
 5 
 
 
 
 1 
 1 
 
 29 
 
 
 16 
 9 
 
 
 20 
 1 
 
 25 
 7 
 3 
 
 2 
 
 
 
 
 
 13 
 2 
 6 
 5 
 4 
 
 4 
 1 
 
 1 
 
 
 4 
 
 
 1 
 
 
 8 
 1 
 
 1 
 
 
 85 
 
 5 
 
 47 
 
 25 
 
 8 
 
 35 
 4 
 
 16 
 7 
 5 
 
 7 
 
 54 
 
 56 
 
 2 
 
 30 
 
 6 
 
 5 
 
 10 
 
 170 
 
 67 
 
PEOBATION 
 
 357 
 
 It may be interesting to note that of the 67 cases 
 dealt with — 
 
 21 have been convicted for 
 
 Sleeping out. 
 
 4 
 20 
 
 
 Begging. 
 Theft. 
 
 3 
 
 10 
 
 
 G-ambling. 
 Disorderly Behaviour. 
 
 •5 
 
 
 Eailway Trespass. 
 
 And of those now employed — 
 
 9 have been convicted for Sleeping out. 
 1 " " Begging. 
 
 1.3 
 3 
 
 6 
 4 
 
 Theft. 
 Gambling. 
 
 Disorderly Behaviour. 
 Railway Trespass. 
 
 Of the lads now working — 
 
 18 are in Private Homes. 
 12 ill their Own Homes. 
 
 1 is in Hospital. 
 
 1 in the Navy. 
 
 1 in the Army. 
 
 1 in the Merchant Service. 
 
 1 in a Lodging House. 
 
INDEX 
 
 Acts: Elementary Education, 1870, 
 
 214 ; 1876, 215 ; Prevention of 
 Crimes Act, 1871, 215 ; Re- 
 formatory and Industrial Schools, 
 1866, 212 ; 1890, 35 ; 1891, 
 216 ; 1893, 216 ; 1894, 35 ; 
 Youthful Offenders Act, 1901, 
 217 
 
 Agencies, placing-ont, 33 
 
 Asz6d, House of Correction at, 
 
 298, 311 ; statistics, 299, 312 
 Aubry, Dr. Paul, 334 
 
 Baernreither, Dr. J. M., 133 n., 
 
 161 n., 178 «., 183 «., 340, 351 
 
 Balfour, Graham, 209 »., 212 «.., 
 
 215 91. 
 
 Barrett, Eosa M., 28 n., 69 »., 
 
 144 «., 145 n. 
 Begging, by youths, 58 ; statistics, 
 
 60; futility of method of dealing 
 
 with, 63, 67 ; plea for alteration 
 
 in method, 65 
 Belgium, attempt to solve vagrancy 
 
 problem, 68 
 Berlin Reformatory, Lichtenberg, 
 
 81, 143, 194 
 Birmingham, Children's Court at, 
 
 165 n. ; Conference of 1851 at, 
 
 209 
 Block, Maurice, 230 n., 240 «.., 
 
 235, 245 
 Borstal Association, 86, 118, 125, 
 
 127, 128, 129, 131, 221 
 Borstal treatment, description, 118 ; 
 
 introduced into Dartmoor Prison, 
 
 122 ; contrasted with ordinary 
 prison treatment, 124 ; in rela- 
 tion to employment, 128 
 
 Boy, lapsed Industrial or Reforma- 
 tory School, 24 ; causes of laps- 
 ing, 29 ; suggested remedies, 107 
 
 Brace, Charles Loring, 74 n. 
 
 Canada, Children's Protection Act 
 of Ontario, 317 
 
 Carlile, Rev. W., 69 «. 
 
 Cellular confinement, 339 
 
 Children, supervision in Germany, 
 37 ; in France, 37, 40 ; in Hun- 
 gary, 38 ; in Belgium, 39 ; in 
 Australia, 39 
 
 Coleridge, Lord, 334 
 
 Colonies, Workmen's, in Germany, 
 70 ; in Switzerland, 73 ; in 
 France, 73 
 
 Colorado, Acts concerning delin- 
 quent children, 161, 341, 343, 
 344 
 
 Coppee, Franyois, 172 n. 
 
 Corporal punishment, absence 
 abroad, 179, 196, 290, 291 
 
 Courts, Children's, main idea, 155 ; 
 in United States, 159 «., 163, 
 165; in France, 171 ; in Ger- 
 many, 172 ; in South Australia, 
 172 ; and probation-officers, 340 
 
 Criminal, development, 88 ; not 
 made quickly, 89 
 
 Day Industrial Schools, establish- 
 ment, 215 
 
3 60 THE MAKING UF THE CEIMINAL 
 
 Discharged Prisoners' Aid Society, 
 
 9 and n. 
 Drage, Geoffrey, 250 «. 
 Drucker, Ciaston, 38 «., 17- «. 
 
 Eliot, Ada, 136 «., 163 n. 
 
 Ellis, Havelock, 87 m., 102 ii., 
 219 11., 334, 336, 339, 350 
 
 Elniira, New York State Reforma- 
 tory- at, founded, 181 ; Report, 
 32-2 
 
 Eiiiigratiou of children, 36 
 
 Flandiu, M. Paid, 237 «., 247 /(. 
 
 Folks, Homer, 184 n. 
 
 France : Law of 1850, 229, 239 ; 
 Art. 66 of Ptnal Code, 230, 
 241 ; L;i\vs of 1889 and 1S98, 
 forfeiture of paternal rights, 
 231, 241 ; Assisted Children's 
 Law of 1904, 232, 242 ; Law 
 relating to pupils of Assistance 
 Publique, 1904, 234, 244 ; Com- 
 mittee of Protection fur Children, 
 237, 247 
 
 Fry, Elizabeth, 206 
 
 Gautier, M. fimile, 333 
 
 Germany : German Criminal Code, 
 250 ; Law of 1900 for Guardian- 
 ship-Education, 251, 264; in- 
 structions for carrying out Law, 
 253, 266 ; statistics of Guardian- 
 ship-Education, 276 
 
 Glenmills House of Refuge, Penn- 
 sylvania, work of, 185 
 
 Goldney, Rev. C, 333 
 
 Grifliths, Major Arthur, 205 ;(. 
 
 Guardianship -Education, 15, 37; 
 (.'onference at Breslau, 172 ; cost 
 of, 350. See also Germany 
 
 Hall, Bert, 341 
 
 Hamel, Dr. J. A. van, 144 n., 
 
 279 ■>,. 
 Hanway, James, 350 
 Hertfordshire, German Workmen's 
 
 Colony in, 73 n. 
 Hill, Florence Davenport, 171 ». 
 Holland : forfeiture of paternal 
 
 control, 279, 283 ; innovations 
 in penal legislation, 280, 284 
 
 Homes, Working Boys', in connec- 
 tion with Industrial Schools, 32, 
 34 
 
 "Hooligan," 173 
 
 Hooliganism, 337 
 
 Horsley, Mr., 102 n., 335 
 
 Hungary, Houses of Correction ; 
 Statutes, 287, 301 ; staff of in- 
 stitutions, 291, 305 ; admission 
 of pupils, 292, 305 ; the family, 
 293, 307 ; professional instruc- 
 tion, 294, 307 ; statistics, 299, 
 312 ; Central Piison for Minors, 
 314 
 
 Imprisonment, etiects on youthful 
 oflenders, 9-11, 20-22, 47, 59-60; 
 evil results of short sentences, 66, 
 75, 83, 84, 100, 101 ; Ijcneflcial 
 eftects of severe sentences, 82-87 
 
 Industrial School, first, 210 
 
 Industrial School Old Boys' Homes, 
 plea for extension, 30 
 
 Industrial Schools, expenditure on, 
 30 ; suggestions for improving 
 system, 32 ; placing out of boys, 
 33 ; classes, 97; probation-officer 
 should supplement work, 160 ; 
 success, 162 ; modern system 
 founded, 208 ; compared with 
 Reformatory Schools, 214 
 
 Juvenile Depredators, Special Re- 
 port on, 11 
 
 Juvenile offenders, foreign and 
 colonial reformative treatment, 
 175 ; general principles of treat- 
 ment, 176 ; in United States, 
 179 ; in Hungary, 186 ; in 
 France, 187 ; in Belgium, 189 ; 
 in Germany, 192 ; in Russia, 
 195 ; in Holland, 197 ; in 
 Switzerland, 198 ; in Colonies, 
 199 ; methods of treatment in 
 England, 202-226 
 
 Kassa, House of Correction at, 298, 
 311 
 
INDEX 
 
 361 
 
 Kastorf, Hanover, Workmen's 
 
 Colony at, 72 
 Kelso, J . J. , 201 M. 
 Krapotkine, Prince, 333 
 Kim, Dr. Bela, and Dr. Etienne 
 
 Laday, 89 »i.., 143 »., 287 n., 
 
 301 n. 
 
 Lad, "spoilt," 41 
 
 Lad, unfortunate, 17 ; first offence, 
 
 20 ; treatment in United States, 
 
 23 ; in Germany, 23 ; suggested 
 
 remedies, 108 
 Laday, Dr. Etienne. See Kuu, Dr. 
 
 BMa 
 Law, Criminal, need for change, 
 
 129 
 London County Council, placing- 
 
 out agency, 33 
 Lushingtou Commission, Report, 
 
 217 
 
 Magistrates, methods in dealing 
 
 with children, 158, 159 
 Marine Society, foundation, 202 
 Merxplas, "Dep&t de Mendicite " 
 
 at, 68 
 Montesquieu, 10 
 Montesson, Industrial School at, 
 
 188 
 Moreau, Abbe, 834 
 Morrison, W. D., 31 ii. 
 
 Navy, Royal, attitude of youths to, 
 
 44 
 New York Children's Aid Society, 
 
 work of, 73 
 New York Juvenile Asylum, 185 
 Newgate Prison, boys in, 206 
 
 Obstruction, street, 75 
 
 Offenders, first, need for inquiry 
 into cases, 47-49 ; method of 
 treating in New Zealand and 
 United States, 48 
 
 Outcast, young, typical career, 2 ; 
 attitude of police to, 8-9 ; effect 
 of imprisonment on, 9-11 ; treat- 
 ment in United States, 13 ; in 
 Hungary, 14 ; in Germany, 15 ; 
 
 in Victoria, 16 ; suggested 
 remedies, 94 
 
 Parent, widowed, effect of re- 
 marriage on youths, 45-46 
 
 Parole in United States, 138, 179, 
 183, 328 
 
 Philanthropic Society, foundation, 
 204 
 
 Physical Training (Scotland), Re- 
 port of Royal Commission on, 96 
 
 Pitt, William, 204 
 
 Prins, Professor, 219 n. 
 
 Prison, effect on young offenders, 
 333 
 
 Prison treatment, failure of, 335 
 
 Prisoners, male, statistics relating 
 to, 112-116 
 
 Probation, origin of sy.stem, 133 ; 
 in United States, 133, 161, 346 ; 
 in Germany, 139, 160 ; in Hun- 
 gary, 143, 353 ; in Holland, 
 Belgium, France, and Switzer- 
 land, 144 ; in Colonies, 144 
 
 Probation Commission of State of 
 New York, 137, 346 
 
 Probation-officers, required in 
 England, 34, 104, 109, 132 ; 
 system abroad, 48, 132 ; work 
 outlined, 145-164 ; necessary 
 qualifications, 148, 149, 150 ; 
 classes to be benefited, 151, 152 ; 
 in connection with Children's 
 Courts, 155, 340 
 
 Redhill, Farm School at, 204 
 Reformatory Act, first, 210 
 Reformatory Old Boys' Homes, 
 
 plea for extension, 30 
 Reformatory Schools, expenditure 
 on, 31 ; suggestions for improv- 
 ing system, 32 ; aim, 139 ; suc- 
 cess, 162 ; wide use in tjnited 
 States, 179 ; Bill for establish- 
 ment, 209 ; extension of age of 
 admission, 337 
 Roman Catholic authorities, diffi- 
 culties in dealing with children, 
 36 
 Roosevelt, President, 161 
 
362 THE MAKING OF THE CEIMINAL 
 
 Euysselede, Industrial School at, 
 190 
 
 St. Hubert, Industrial School at, 191 
 
 SoUoss, D. F., 68 «.., 72 n. 
 
 School Boards, establishment of 
 Industrial Schools by, 215 
 
 Sentence, indeterminate, in United 
 States, 179 
 
 Short Detention Schools, establish- 
 ment advocated, 97 
 
 "Sleeping-out" by yonths, 8, 9, 
 58 ; defects in method of dealing 
 with, 59, 67 ; statistics, 60-64 ; 
 plea for alteration in method, 65 
 
 Spalding, Warren, 139 n. , 1 81 m. 
 
 Strangeways Prison, Manchester, 
 statistics, 115, 366 
 
 Thief, development of young, 80 
 Thieving, petty, among boys, 81 
 Training, industrial, in America, 
 182, 186 ; in Hungary, 187 ; in 
 Fiance, 189 ; in Belgium, 189, 
 191 ; in Germany, 193, 194 ; in 
 Kussia, 197 ; in Switzerland, 
 199 ; in Canada, 201 
 Training Ships, usefulness, 28 ; cost 
 of maintenance, 31 
 
 Trespass, railway, 75, 77 
 Trevarthen, John, 204 n., 338 
 Truant Schools, not provided by 
 
 any Act, 216 
 Turner, Sydney, 210 n. 
 
 United States : New York State 
 Reformatory Law, 321 ; Re- 
 formatory at Elmira, 322 ; cost 
 of maintenance in Reformatories, 
 327 ; representative documents, 
 328 
 
 Vagrancy Laws, defects of present 
 system of dealing with juvenile 
 offenders, 41, 46-49, 58-67 ; 
 method of treating, in Belgium 
 68 ; in Germany, 69 ; in Austria 
 and Switzerland, 73 ; suggested 
 remedies, 108 
 
 Victoria, Act 579, 1890, 319 
 
 Workhouse, in relation to youths, 
 116, 117 
 
 Ypres, Industrial School at, 191 
 
 Zehlendorf, Industrial School at, 
 
 194 
 
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