PUNISHMENT FOR CRIME

Auckland Star, Volume LVII, Issue 303, 22 December 1926, Page 18

PUNISHMENT FOR CRIME

PRESENT-DAY METHODS. NEED FOR REFORMATIVE ELEMENT. OBSERVATIONS BY PRISONS BOARD. The Prisons Board in its report upon recent releases of prisoners has furnished the Minister of Justice, the Hon. F. J. Rolleston, with a statement of the principles on which it acts in recommending the release of prisoners. '■ Basic Principles. The report opens by stilting that . criminal law has tor its object, iirstly, the protection of society; ' secondly, tue punishment and possible reformation ot , the criminal; and, thirdly, the deterrent effect which punishment of the criminal, j would have upon others who might be ] tempted to commit crime. The Crimes i Amendment Act of 1910 marked the dis- 1 placement of a system of purely retribu- 1 live justice and provided for a method under which t&e reformative element ' should be more stressed, without losing 1 sight of the deterrent effect, but at the i sa"me time providing that due regard ehould be paid to the interests of society I without altogether subordinating those ' of the individual offender. That the ' measure was primarily preventive, as > distinct from the purely punitive idea, is < clearly shown by the statutory provi- ' sions' for the release or discharge of 1 offenders. Section 12 provides that it shall be the duty, of the Prisons Board to ■ make inquiry from time to time whether < there is reasonable cause for belief that any habitual, or prisoner, undergoing ' sentence of reformative detention is sufh- j ciently reformed to be released on proba- ' tion or discharged, or whether there are any other sufficient grounds for releasing or discharging him: and in making any ' recommendation for release or discharge, \ the board is to have regard to the safety ] of the public or of any individual or class of persons, and to the welfare of the ] person whom it is proposed to release or ' uiseharge on probation. There is thus an implied understanding ' that the term of sentence ordered by the Court ie the maximum only. Judges frequently indicate such fact to offenders J when "passing sentence, and state that the actual term of imprisonment will ' depend on the prisoner's behaviour. This principle has been definitely laid down ' by the Court of Appeal iv the following ' terms: — j •■ When a sentence of reformative , detention is imposed, it is not con- , tempiated that the prisoner will be ( detained for the whole term. That term is fixed merely as a maximum period' for which he may be detained, j it being expected that, before the expiration of the term, he will have , been found deserving' of release,' either qualified or absolute." , Adequate safeguards in the. event of * an offender failing to justify the con- ' sideration extended to him are provided in section 13, which prescribes for release subject to Buch' conditions as to subsequent good conduct, employment, location, etc., as may be imposed in a pro- . bationary licence, which may be can- . celled at any time, and thereupon the < person so released may be arrested with- j out warrant and returned to prison. It : will thus he observed that release on license is by no means the granting of unconditional liberty. It is, in effect, a system of rehabilitation under certain restrictions and appropriate oversight to meet the individual offender's needs. Youthful Ofiendtrs. After outlining the various-extensions of its jurisdiction ordained by legislative authority, tie board goes on to say:— "This .Act (bringing Borstal detainees under the jurisdiction of the board) was specially designed to provide machinery for arresting criminal tendencies in the incipient stages. • Provision is made for the appropriate treatment of youthful offenders, who would be in danger of contamination by- close ascociation with the inmates of. the ordinary prisons, but who are not suitable for industrial schools. The system, to use the words of an English authority, was for the 'treatment' as distinct from the 'punishment' of young offenders. Liberal provision is made under the. Prevention of Crime Act for conditional release (at any time) on license, nnd an -integral part of the scheme is a system of patronage or after=care, to enable complete rehabilitation to be effected on conditions as closely as possible similar to those with which an offender would hare to contend when his release is absolute. There is an un■.voidable, artificial atmosphere associated with any fora* of institutional treatment which makes the system of early conditional release, when such can be made with safety to society, a most desirable feature of the Borstal scheme." The aim and purpose in respect of such cases i> not to deter from crime by a system of prolonged punishment, but by rational treatment, rigorous discipline, and socialising influences, to prevent youthful offenders from becoming criminals. It is interesting to note, in a report' tabled in the House of Comjnons, that "it was stated, "The age when the majority of criminals are made lies between the ages of 16 and | $1." In this respect it is further inter- • est ing to note that, during the five years ending December-31. 1925, 1363 lads had been released irom the Invercargill Borstal Institution, and of this-number only i. 95, or 6.9 per cent, had subsequently appeared before the Courts. ,Of the total eases from »U Borstal institutions released on the board's recommendation since the coming into operation of the Prevention of Crime Act, only 3.6 per cent have again offended an 4 appeared before the Courts. Procedure of the Board. The report continues, that the pro* cedure of the board is necessarily elastic, 1 as in any attempt at individualisation of punishment, the widest powers are conferred, to enable the board to make j any inquiry it, way deem necessary. When reviewing each case, the board invariably takes into consideration the question, of oversight and employment j on release, in many -cases directing the secretary to write to interested persons j likely to befriend or assist a prisoner, nnd possibly further lapse into crime. It is claimed that much of the success of the system is due to the care exercised in this direction. Frequently ! cases are considered-several times before i release or discharge is-agreed upon, the '•' aim in each case being the rehabilitation , ! of the offender without undufe risfc to ' the community. - ; . " ] j