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Society and Prisons This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book’s long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. 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We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google’s mission is to organize the world’s information and to make it universally accessible and useful. Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http://books.google.com/ 1 :: Ilatbatb Dtbtuttp ~cbool ABDOVER-HARVARD THEOLOGIOAL LIBRARY MDCCCCX CAMBRIDGE, MASSACHUSETTS PROM THE BEQ...CItST OF MRS. LOUISA J. HALL Widow of Bdward Brook. Hall, D.D., DlviIlIty SChool, Claaa of 1824 YALE LECTURES ON THE RESPONSmILITIES OF CITIZENSHIP AMERICAN CITIZENSHIP. By t1&s lGts David I. Brewer, A,1OCiats JUItioI oJ tA8 8Upr61U Court oj 1M U.u.d Statu. 131 pag8l. THE CITIZEN IN HIS RELATION TO THE INDUSTBIAL SITU­ ATION. Br tlNltJU Henry CodmaD Potter, D.D., LL.D., Buhop oJ NftIJ Yori. ,~ ptlfu. THE RELATIONS BETWEEN FREEDOM AND RESPONSmILITY IN THE EVOLUTION OF DEMOCRATIC GOVERNMENT. Br Arthur Twining Hadley, Ph.D., LL.D., PrtJBidtJrd oj Yals UnifJef'- ritr/. 176 'PtII". POUR ASPECTS OF CIVIC DUTY. By William Howard Taft, PrwUlmf, oJ 1M U.iItJd 8,..,. 111 fJGItJI. THE CITIZEN'S PART_IN GOVERNMENT. B, Elihu Root. 1'8 'JIGI6I. THE HINDRANCES iTO :GOOD CITIZENSHIP. B, lames Bryce, BrilUl Ata6auGdor 10 Ole UnittJd BIaW. 188 pagBl. CONDITIONS OF PROGRESS IN DEMOCRATIC GOVERNMENT. By Charles EV&D8 Hughes, IJOtD A,1OCiats JU8tic6 oJ Ole BuyrtJ'tM Court o/IM Uni#Ml Statu. 11& fJ0468. AMERICA IN THE MAKING. By Rev. LJID&Il Abbott, D.D., LL.D., Editor oj ClTIu OWlooi.u '8~ pagu. THE RELATIONS OF EDUCATION TO CITIZENSHIP. BySimeon E. Baldwin, 00NmDr 0/ OoaruJCticut. 17~ fItJIA. THE POWER OF IDEALS IN AMERICAN HISTORY. By Ephraim Douglu Adams. Ph.D., Pro/8I,or oj Hi."" IMaad BtanJard, Jr., UnifHWritr/. 169 JIGI". MUNICIPAL CITIZENSHIP. By George McAneny, P,.uident of 1M Boord oJ Ald8rrua of tIN C~y oj N6tD Yor1e. (1. fI"'fJ4,.atilm.) THE LIBERTY OIP CITIZENSHIP. B, Samuel Walker McCall, LL.D. 18. JIGIA. UaiJO'I'fII, 1,.". c1oI1& bound duma. Pric, '1.16 Del each, JIOBlpaid. SOCIETY AND PRISONS. By TholD88 Mott Osbome, L.B.D. BfJO. Clot1& bindifJI/. Price, '1.86 ae4 p.tpaid. YALE LECTURES ON THE· RESPONSffiILITIES OF CITIZENSHIP SOCIETY AND PRISONS BY THOMAS MOTI OSBORNE = NEW HAVEN: YALE UNIVERSITY PRESS LONDON: HUMPHREY MILFORD OXFORD UNIVERSITY PRESS MDCCCCXVI v AJIXWER-HAlvAlID TBB>uXHCAL LlBBARY ·JUL 5 1916 HARVARD DIVINITY SCHooL COPY.IOST, 1916, BY YALE UNIVEJlSITY PJlJtSS Fiat publiahed, JUDe, 1016 CONTENTS PaDAc:I. •••• CBAPTb I. CBIIdJ AND CBIlllNALB • ••••••• 3 n. COUBTB.AND PuNtamlENT. •••••••••• 46 m. ~ OLD PRISON SYBTDIB. •••••• 9S ...... IV. TBm MUTUAL W&LI'AU LBA.OUIJ • ••••• • lS9 " V. TJos NEW PENOLOGY ••••••••• • 185 INDn .... .. .•••••• •. · 141 SOCIETY AND PRISONS SOCIETY AND PRISONS ENOWGY, "according to the- Century Dic­ P tionary's very excellent definition, is: "The study of punishment for crime, both in its de­ terrent and in its reformatory aspect; the study of the management of prisons." It is my purpose in this series of lectures to - give a survey, - brief, although I hope not necessarily superficial, of the relation between criminals and Society; and having in mind the recent very striking and important developments in Auburn and Sing Sing prisons, I have ventured to take as my subtitle: SOME SUGGESTIONS FOR A NEW PENOLOGY The "Yale Lectures on the Responsibilities of Citizenship" were established by the late William Earl Dodge "for the purpose of promoting among its students and graduates, and among the edu­ cated men of the United States, an understanding of the duties of Christian citizenship and a sense of personal responsibility for the performance of those duties." In sending me the invitation of the President and Fellows of Yale to deliver these lectures for SOCIETY AND PRISONS 1916, the Secretary of the University wrote me as follows: "It has been the thought of our committee that having heard the general subject of citizenship developed, it would now be well to have various public movements and needs presented"; and it was suggested that I should speak to you on Prison Reform. Feeling, as I have long felt, that citizenship has no responsibility greater or more pressing than the state prison, I gladly accepted the distinguished honor conferred upon me by the President and Fellows of Yale. I have a double gratification in doing so. First: because I knew personally and highly esteemed Mr. Dodge, hav­ ing sat by his side as a delegate to the Sound Money Conferences at Indianapolis in 1897-8; and secondly: because the honor is not altogether a personal one, but is bestowed, through the lecturer, upon Yale's great sister University. I should hardly be human, if I did not indulge in a considerable measure of pride in being the first graduate of Harvard to be accorded the very great p~viIege of giving the Dodge Lectures. I CRIME AND CRIMINALS N a discussion of any sort it is well to make I sure that the principal terms employed are clearly understood by "every one concerned. It is not necessaryin argument (writes Gilbert ChestertonJ to settle what a word means or ought to mean. But it is necessary in every argument to settle what we propose to mean by the word. So long as our opponent understands what is the thing of which we are talking, it does not matter to the argument whether the word is or is not the one he would have chosen. ... So long as we know what 8 given word is to mean in a given discussion, it does not even matter if it means something else in some other and quite distinct discussion. We have a perfect right to say that the width of a window comes to four feet, even if we instantly and cheerfully change the subject to the larger mammals and say that an elephant has four feet. The identity of the words does not matter, because there is no doubt at all about the meanings; nobody is likely to think of an elephant as four feet long, or of a window as having tusks and a curly trunk. In a discussion of penology it is' especially desirable that there should be no misunderstanding of terms; for not only has a really scientific, first-hand study of many important elements of the subject been sadly lacking, but we are met at every turn by those treacherous haH-truths, CRIME AND CRIMINALS which wholly vitiate our reasoning. Take, for instance, the frequent assertion: "criminals should be punished." That sounds at first like a self­ evident proposition - so simple and satisfactory. But when we endeavor to translate the axiom into action we find that the apparently simple matter bristles with difficulties; for the words represent so many different things to so many different people. What is a criminal? What do we mean by puni~h? Well-known authorities on criminology give us the following comprehensive list of the various kinds of criminals: 1.
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