espect of the offender has not been sacrificed, and
while under arrest the sense of shame is deeply aroused. The shock from
being brought face to face with the law is often sufficient in these
persons to check any further tendency towards crime. The imposition of a
fine will satisfy the claims of justice and inflict that degree of
punishment necessary to fix the idea of abhorrence towards crime in the
mind of the offender. In the case of boys charged with petty offences
fining is often a most valuable means of punishment. To dismiss with a
caution may lead to nothing; to imprison is invariably a most disastrous
course to pursue; to flog within a gaol may be too severe but to fine is
an excellent method. The parent has to pay the fine, and as the child's
offence is generally due to the want of parental control and discipline,
the punishment reaches right home and better control for the future
generally results. Where parental control is non-existent, and there
remains no possibility of creating it, other measures must be taken
which will supply a substitute for the discipline of home life.
In some case of theft, minor assault, disturbing the peace, and other
offences which indicate a momentary and not very serious lapse of
self-control, or perhaps a somewhat vague conception of the supremacy of
the law, fines serve all the purposes of justice. A four-fold
restitution for all damage done might be taken as a standard to be
increased or diminished in exceptional cases. In all these instances the
culprit should be made to pay the fine himself even though it should
require a fairly lengthy period in which to liquidate it. Section 16 of
The New Zealand Criminal Code provides that the Court may exercise its
own discretion in imposing a fine upon any person whose offence rendered
them liable to a term of imprisonment. There are many cases, however,
even of first offenders, in which fining is quite useless.
=Imprisonment.=--So much has been written describing the various prison
systems in vogue in different parts of the world that it is unnecessary
to do much more than briefly outline them here.
(1). The congregate system. In which the prisoners are associated
together by day or by night or by both. Were the object to convert the
prison into a school of crime, no better system could be devised. The
standard of the lowest is the standard which must prevail under the
congregate system.
(2). The solitary system. The extreme o
|