congrès pénitentiaire international

— 24 —and uncertain, the capricious and the lawless, reject the name;it will not offend us.Let us go below the surface of a much debated epithetwhich awakens suspicion and antagonism; let us go to theessence of things ; and let us at least begin our discussion oncommon ground.Can we gather from the "Actes," rapports and votes ofthe great International Prison Congress any conclusions whichare practically held by ail, and from which we can pi'oceedcautiously with further experiments?Let us make the attempt.(1) Children and youth should not be sent to prison ordealt with under the forms of criminal procédure, but asdelinquents to be educated for good conduct, under judicialcontrol, until they can safely be given full liberty or havecorne to the responsibility of adults.Whether this period should extend to 16, or 17, or 18,or 21 years of âge cannot be decided a priori, but only upontrial and after long experiment.For dangerous children and youth, any degree of constraintnecessary is consistent with the principle.(2) Ail who are distinctly and clearly insane are to beexcluded from prison treatment and sent to hospitals andasylums and there restrained of liberty as a means of socialprotection and compassion to the individual.(3) A very large class of offenders, not vicious or criminal,can be saved a criminal réputation and the disgrâce anddamage of imprisonment by suspended sentence, with probationand careful surveillance ; better for the taxpayer, theman and his family.Thèse three measures Avould very greatly diminish thecriminal population, or those treated as such.(4) We can agrée also on some form of liberty, "conditionalrelease" (liberté surveillée) for many youth and adults.We can train for liberty in gradually increasing liberty. Thisis not to be distinguished in essence and aim from the "parolesystem."— 25 —(5) We can agrée also on the necessity of abolishing theshort sentence for those dangerous to society : a. habituaivagrants, inebriates, etc. ; b. professional and capable criminals,birds of prey. The period of détention and surveillance maybe increased either by a supplimentary period of imprisonment,or by "placing the offender at the disposition of the government"(as with youth in Belgium). We call this the "indeterminatesentence," perhaps improperly and not exactly, but weare ail trying to get at the same thing—social protection andre-education.Those of us who, in the field of law, are merely laymenor amateurs, bow with sincère and profound respect beforethe genius and learning of jurists; we invoke their skill, éruditionand scientific training; in the name of patriotism andhumanity we request their aid in the phrasing and interprétationof statutes. But this International Congress has alwaysesteemed the counsels of men who have expérience and knowledgeof the offender himself; the prison officiai, the expertin criminal anthropology, the physician, the teacher. It is inthe prison, not in the court, that the convict reveals his realnature; it is there the hollow phrases of the law becomescorpions and fiâmes to sensitive nerves, and spiritual susceptibilities.We never really know what the pénal sanction meansuntil we apply it in its severity to human beings.But we also recognize in thèse assemblies the specialistsin the study of the social conditions which produce the criminaldisposition, and into which the discharged prisoner mustreturn when the iron gâte swings open to return him. Beforethe court and after the prison we must investigate the environmentof the potential and actual offenders. This is the functionof the section on prévention.We also recognize the specialists in the scientific studyof tempted and perverted childhood, and of the institutionsand measures for the guidance and correction of youth.Still further, we see that each of thèse groups of specialistsmust cooperate with ail the others, must compare opinions,must humbly learn, must modify traditional maxims in thelight of broader expérience.