The Dilemma of Penal Reform
MENTAL HEALTH 57 Book Reviews
- Author:
Dr Hermann
Mannheim, with a preface by Prof. A. M. Carr-Saunders. Allen & Unwin. 1939. pp. 228. 7s. 6d.
This book is based on a course of public lectures given at the London School of Economics in 1938-9. Professor Carr-Saunders points ?ut that for the constructive development of Penal Reform we need, firstly, accurate systematic sociological and psychological surveys of offenders and offences and, secondly, we need to clear up our ideas about our social responsi- bility to offenders and about our concepts of guilt, punishment and reformation. This book is a general introductory survey of this second group of problems.
The author points out how serious an error has been ” on principle to divorce the idea of Punishment by the State from moral con- siderations . . and that ” only on a moral basis is it possible to argue successfully with the lawbreaker “. He realizes that such a moral basis is hard to define and that room for discretion must be left in dealing with the individual offender. Indeed, he brings strong evidence to show the need for individual treat- ment of offenders on this and other grounds and, by his admission of unconscious factors as influencing the attitudes of society and offenders to each other, he tacitly admits an objection to too literal an interpretation of his view that the offender must be tackled on a moral basis. The psychopathologist would at once point out that for some offenders, at {east, the moral approach is difficult if not ^possible since there is little or no common ground in this respect because of their patho- logically distorted moral outlook. The reviewer has the impression that Dr Mannheim would regard such cases as best dealt with by the Psychiatrist.
He points out the need for greater co-operation aQd research between the penologist, the sociologist, the lawyer, the politician, moral Philosopher, the educationist, the psycholo- gy and the psychiatrist. So far as the encyclo- paedic researches he suggests are concerned, such c?”?Peration is long overdue in this country. The book is divided into three sections dealing resPectively with the economic, social and legal Problems involved in Penal Reform. His standpoint is primarily that of the lawyer and sociologist, and the psychological side is only nefly discussed though by no means neglected. The Criminal Justice Bill, unhappily suspended owing to the war, comes in for considerable discussion. Inter’ alia he welcomes those sections of the Bill which stimulate the use of probation and extend the influence of the Juvenile Court, and points out how the problems of the latter exemplify the conflict that often arises between fundamental legal doctrines and the particular needs of some offenders. There is a lengthy discussion of the problems and inconsistencies of Juvenile Court procedure, and he makes the interesting suggestion that the age of criminal responsibility should be raised to 14 years and, moreover, that children under 14 should not be brought before a Juvenile Court?which is a Criminal Court?as “care and protection ” or ” beyond control ” cases.
He regards this age as ” obviously not sacro- sanct ” and suggests the change might be made gradually. There is certainly some psychiatric support for such changes and indeed there never has been any psychiatric reason why the present age of 8 years should be adopted. He thinks that a Chancery Court might be established to deal with these younger offenders and points out the great advantage such Courts would have in not being bound by the rules of Criminal procedure. Since most of the methods of treatment at present belonging to the Criminal Courts would be at the disposal of the Chancery Court, it seems that the author might in time be disappointed in his belief that the children would incur less stigma (and presumably less mental trauma) than under the present system. However, the step is certainly one psychiatrists would approve and it would facilitate their work for the Juvenile Courts. Dr Mannheim also points out the advantages of extending the jurisdiction of Juvenile Courts to include offenders up to the age of 21. He points out many difficulties in this and suggests compromises and also shows how such a development is in keeping with the proposals in the Criminal Justice Bill to keep minors out of prison. Of course, arbitrary age groups will never be quite satisfactory in such matters and much of what is here discussed supports a plea for greater elasticity in the machinery for dealing with the younger offenders, but those who call too urgently for such changes will find here many reasons why it is so difficult to give effect to their wishes.
At the end of the book there are some inter- esting comments on ” Future Trends of Penal Reform “. Psychiatrists will agree with the suggestion that institutional treatment should be for periods of at least three months and that imprisonment should be inadmissible for persons under 21. Many would also agree with his suspension of judgment on the desirability of having psychiatrists as members of the Juvenile Court.
Many problems are discussed besides those concerning juveniles and it is not possible to do the book justice in a short review. A great deal of information is included and the reader cannot fail to be impressed by the wisdom of the author’s discussion and the spirit of common- sense compromise which colours his decisions. The book is definitely to be recommended and Dr Mannheim is to be congratulated on having produced a very readable survey that is also a strong argument in favour of Professor Carr- Saunders’ plea for the greater recognition of Criminology as a science worthy of representa- tion in University curricula. D.C.
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