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OBSERVATIONS ON CRIMINALS:
BEING A PAPER READ BEFORE THE ESONOMIC SECTION OF THE
BRITISH ASSOCIATION* SEPTEMBER, 1863-
BY
T. ROBINS,
Governor of the Newcastle-upon-Tyne Prisons.
NEWCASTLE-UP&N-IYNE :
PRINTED AT THE DAILY JOURNAL OFFICl?, BY A. AND J. M. CARB.
1864.
��OBSERVATIONS ON CRIMINALS;
BEING A PAPER READ BEFORE THE ECONOMIC SECTION OF THE
BRITISH ASSOCIATION, SEPTEMBER, 1863.
The importance of the subject of Criminal Treat
ment is attested by the fact, that, in the year 1860,
fhere were no less than 100,614 persons committed to
the county and borough prisonsaof England and Wales,
involving a cost of £533,407 18s. 8d. The number of
persons in prison at one time was 19,®S6, in addition
to convicts in government prisons;
The question of criminal treatment has been ably
discussed during the last two years,, but the enquiry,
What shall we do with our criminals 1 has not yet
received a satisfactory answer, though plans have been
adopted in Ireland which have produced important
results—results which claim the most serious conside
ration from all entrusted with the administration of
justice.
*
It will simplify the consideration of the causes
of crime if we classify the offences in the following
order :—misdemeanour, petty theft, deeds of violence,
and enormous frauds, indicating, as they do, different
phases of character and different degrees of guilt. The
fact that all classes more or less contribute to the
criminal mass, shews that there is an inherent ten
dency downwards in some minds, however advantageous
may be their external circumstances; These minds are
characterized by a somewhat defective intellect and
perverse will. Varieties exist in the population of a
prison, as well as in society generally ; it is, therefore,
necessary to deal with criminals individually, instead
�4
of in masses, and also to include, in any system for their
management, the power of classifying them according
to their antecedents, or the moral qualities exhibited
in their conduct.
Misdemeanours are frequently the result of intem
perance, but it does not follow that theft, or the most
serious class of crimes is such; indeed, a certain
amount of sobriety is necessary for the successful per
petration of either. There is a prevailing- notion that
crime is, in almost all cases, the result of intemperance.
This idea often interferes with our perception of other
and more remote causes of it, and unnecessarily em
barrasses an already difficult question. Though drunk
enness is a detestable vice, and though it frequently
accompanies crime, it is, in many cases, rather the effect
than the cause of crime. It is justly recognized and
punished as a breach of the law, but that it is far from
being the sole cause of other crime will appear from a
moment’s reflection on the amount of juvenile delin
quency, where the propensity to theft is exhibited in the
most positive manner before the appetite for intoxi
cating drink has been acquired; and from the fact that
the greater number of the worst class of our adult
criminals is drawn from the matured juveniles.
The lowest rank of society, from its preponderance
in numbers, and the absence of those gracious influences
which form the moral atmosphere of persons more
happily placed, naturally supplies the bulk of the
criminal class; but, in other ranks of life, crimes are
committed which can be traced to hatred, cupidity,
unrestrained sensual passion, or some_ unhappy cir
cumstance, rather than to drunkenness. I dwell par
ticularly upon this, as the successful application of a
remedy must depend upon the understanding of the
true cause of a disease.
�5
When we find that, out of the 100,614 committed,
upwards of 8,000 were under 16 years of age, we arc
driven to the conclusion that a vast number of the
older criminals must have commenced their career in
childhood ! We must, therefore, look deeper into our
common nature for the root of the most serious class
of crimes, the perpetrators of which are the most hope
less to deal with. On further inquiring, then, into the
causes of crime, it may be well to glance at the distinc
tive and conspicuous features of the criminal mind :
and prominent among the qualities exhibited are idle
ness, vanity, sensuality, intense selfishness, and violent
temper.
Bad training by parents is a fruitful source of crime,
influencing, as it does, children through false indulgence,
neglect, or evil example ; warping the child’s mind ;
blinding him to all the responsibilities of his future
life ; engendering in him false views of his relative
duties ; and laying the foundation of that unlicensed
selfishness which results in a total disregard even of
natural justice. The consequence is that he starts in
life with misdirected powers, and seeks the indulgence
of his passions as one of the great purposes of his exis
tence. Or, it may be that a child’s mind has been
distorted into deformity by systematic training in
wickedness ; and such children have been looked upon
by the world, and, till recently, by the comparatively
benevolent, as hopeless subjects for philanthrophic
experiment. Again, by neglect or undue indulgence, a
spirit of idleness is generated, affecting the mind as
well as the body, and the child, who is the victim of
such treatment, becomes too lazy to apply himself to
work, too ignorant to perceive the error of such a
course, and grows up prepared to yield to the first
temptation to which his natural wants may expose him.
�6
It would be well to picture to ourselves the homes in
which many of our criminals have been reared,—the
filthy and disgusting lodgings to which necessity has
driven them ; but too much has already been said by
others about the homes and haunts of the poor to make
it necessary for me to dwell in detail on the revolting
scenes of misery and degradation presented by some
of these places. Too much honour cannot be awarded to
those who have laid aside their fastidiousness, and
made personal efforts to remedy the evil in question.
Many orphans are left in these haunts, without being
cared for by those who have the power of rescuing
them. Society must remember that if it does not pro
vide for destitute and orphan children, and if it fails to
enforce the duty of lodging them in proper asylums,—
where they shall be taught the necessary duties of life,
and educated for some useful purpose,—it must pay the
penalty by maintaining them as criminals. If no one
has taken the trouble to see that such children are
taught their duties to society, people ought not to
wonder at such children’s ignorance of them. The
neglected child is an object of deep commiseration ;
for it is left to follow the impulses of its untrained
will; as it may be, and generally is, affected by evil
circumstances, provoking passion, exciting vanity, or
gratifying the lower propensities.
Without entering upon the question of hereditary
tendencies, or the defective organization, which is the
sad inheritance of many a poor child, I may point to
the corrupting influences which older criminals exercise
upon the juvenile population, not only by example, but
by direct instruction. Most persons present, are, no
doubt, familiar with the description of “ Old Fagan’s ”
establishment, which is very slightly, if at all, over
drawn.
�7
The amount of gross ignorance, in the majority of
criminals, is inconceivable. Out of the 100,614 alluded
to, 34,279 could neither read nor write ; 61,233 could
read or write very imperfectlyj leaving only about
5,000 who had attained to anything like a moderate
amount of education. Nor is their ignorance of the
elementary branches of knowledge more marked than
their want of skill as workmen. I find that, out of
the number I have mentioned, 18,949 had no occupa
tion, and that 43,569 were of the humblest class of
labourers.
In proposing remedies for the evils alluded to, I
would venture to suggest that, though we have to
thank our present systems for much good, they are
but a step in the right direction. The really efficient
working of what is excellent in them may, however,
greatly facilitate the application of any new power.
The present modified form of the separate system, as
carried out in our prisons, is desirable as a ground
work. Labour is the true foundation on which any
plan of discipline should be based—profitable labour,
if possible-—but, from work the prisoner should not be
suffered to escape. This should have been one of his
earliest lessons, and it must, when he is in the prison,
form the leading feature of his education.
Unless a prisoner is taught the great duty, nay,
the absolute necessity, of labour, in vain do we try, by
education, to effect his reform. By training his mind
we give him powers which are as likely to be used for
evil as for good ; a mind subdued by habitual industry
will be found better fitted to receive religious impres
sions, to appreciate moral precepts, and to profit by
mental culture.
But we must remember that, in order that
prisoners may derive ultimate benefit from learning to
�8
work, it is necessary that means should be taken to
procure employment for them on their discharge; and it
is natural that employers should have some reluctance
to engage such persons. This is the great obstacle in
the way of criminal reform.
Few men at present engaged in the work have
much hope of producing a permanent improvement on
those under their care ; knowing that as soon as the
prisoner is liberated he is thrown back—weakened by
his first false step—into the very circumstances which
led to it. Perhaps the only persons who care for him,
beyond the prison gate, are his accomplices, who meet
him prepared, first to gratify his appetite, and then to
propose fresh schemes of fraud and violence. Those,
on the other hand, to whom he has made his promises
of amendment, will, in all probability, never see him
again till he returns to prison, Thus is his evil course
perpetuated, and thus are the hopes of those really
interested in his welfare destroyed.
The work is too great to be accomplished by the
means at present employed. A common excuse, made
by discharged criminals on their returning to prison, is,
“ I could get no work, and was, therefore, compelled to
steal.” This excuse could be effectually removed by
instituting Refuge Farms (English Lusks) where a
prisoner might be sure of getting work, for which he
should receive wages, somewhat lower, at first, than
those of the ordinary labourer, but rising, in proportion
to his industry, until they should reach the ordinary
price of labour. Where it would be inconvenient or
impracticable to employ them on land, workshops should
be opened. This would be the most convenient form of
meeting the difficulty in towns, and this plan has, with
great success, been already acted on in London and
Wakefield, and also, I believe, in Birmingham.
�9
Newcastle stands conspicuous among a few other
towns for a large proportion of female prisoners. This
is partly due, as in some of the other towns, to the
fact of its being a seaport, but not to that alone. In
Newcastle the demand for female labour is compara
tively small. To meet such a want, the establishment
of public laundries would be desirable. They would
furnish employment for poor women, and would, at the
same time, be a convenience and advantage to the
public.
Up to a recent period, the element of hope was, for
practical purposes, almost excluded from our prisons.
Now, while there should be no sentimentality about the
treatment of prisoners, a just and generous sentiment
tells us that any effort on their part towards improve
ment should be encouraged, and an opening made for
those of them who are willing to return to society; for
we should remember that “where nothing’s left to hope
there’s nought to dread.” No man can live without
hope, and, if it be not embodied in our system of
discipline, the prisoner will introduce it himself, and
feed upon the prospect of some future opportunity
of revenging himself on society.
Rewards might be given to prisoners, in the form
of a small payment, for labour performed in excess of
tasks set, and they should be applied for the prisoner’s
benefit, after his discharge, by being paid in instalments
on the application of the prisoner himself, and on his
bringing proof that he is leading an honest life. This
would be a better plan than that of lessening the
terrors of the prison, by the increase of food or the
decrease of sentence, and would guard against the risk
of a person receiving assistance who did not continue
to deserve it. Some encouraging prospect should be
held before the prisoner to excite him to exertion and
�10
awaken in him a feeling of self-respect, and a wish to
raise himself. On the other hand, he should be
presented with an alternative which the most callous
and indifferent would dread; for where there is nothing
to fear there is an unwillingness to be directed.
Most persons who have had any experience of
criminals have found that kindness is not appreciated
when the power to punish is not recognized. Any
system should embrace the power of dealing both with
the penitent and the incorrigible. It should be made
obvious to the criminal that the executive arm of the
law is, beyond a doubt, strong enough to deal with any
contingency in his career.
Much crime might be prevented by some wellarranged plan for identifying confirmed criminals. At
present, through the imperfection of our police arrange
ments, this can only be partially effected; and, instead
of practically illustrating the maxim, “ divide and con
quer,” we allow this power to be turned against our
selves ; for there is, in addition to the charm of a
wandering life, a sort of freemasonry amongst thieves
which enables them to combine most effectually to
elude justice, by removing to districts where they are
not known by the police, and where they are always sure
to find kindred spirits ready to become their acccomplices. They are thus enabled to escape detection and
to resist successfully the influences which, if properly
directed, might place them in the ranks of honest
labour. This difficulty might, in some measure, be
met by detective officers paying occasional visits to
distant towns, and, in connection with the local police,
examining the town or district as well as visiting the
prisons, where every facility should be afforded for the
recognition of old offenders.
�11
With reference to diet, about which there are so
many conflicting opinions, I must here assert that the
charge of pampering prisoners is not applicable, at any
rate, to Newcastle. A reference to the diet table will,
1 think, satisfy every one that prisoners here have no
undue indulgence. Strict silence is rigidly enforced ;
the apparent conveniences in the cell are only such as
are necessary to health; and the cleanliness and order
required are regarded by the mass of the prisoners
rather as a punishment than a favour. I have no
sympathy with those who would make a prison other
than a disagreeable place.
In considering the convict question I think it should
be dealt with as if we had no colonies ; for although,
when the colonies were willing to receive convicts, it
was politic to avail ourselves of the opportunity, we
surely have no right for our sole convenience to force
criminals upon them.
Every country should be able to deal with its own
criminals without having recourse to transportation ;
till that is accomplished, a great difficulty remains to
be overcome. It would, however, be legitimate, when
they have passed the ordeal for testing their sincerity,
to give them every facility for leaving the country as
free emigrants; and, as in this case, they would probably
emigrate singly or in small companies, their removal would
be effected without subjecting them to the corrupting
influence of the convict ship. I was gratified, when
listening on Saturday, to so high an authority as Colonel
Torrens, to hear him confirm views of my own, which
I published some time since, on the question of trans
portation to our colonies.
The expense attending transportation is very great ;
and it prompts us to ask whether the money which it
�12
costs might not be expended in a manner calculated tQ
ensure more certainly the objects sought—the pro
tection of the public, and the punishment and reforma
tion of the criminal.
During the late garotting panic, when a speedy
transportation of all convicts seemed the only remedy
likely to satisfy the public, many localities were indi
cated as suitable places for founding penal settlements,
and among others the Hudson’s Bay territory. Now,
in sending convicts to such a place, without a long period
of initiatory punishment and training, you would place
them in circumstances calculated to excite antagonism
to those about them, as they would become aware of the
limited power to control them, and the facilities for
escape. These circumstances would have a tendency to
foster a spirit of insubordination. There would also
be a great difficulty in maintaining an efficient staff of
officers, as suitable persons could not be easily found
to supply the places of the incompetent or unfaithful;
In the event of the convicts enjoying any licence—
which would almost inevitably be the case—colonists
would be exposed to outrages similar to, or worse, than
those which so lately shocked the public mind in
England. This would not be remedying the evil; it
would simply be putting it farther away, and requiring
those to bear it who are less favourably circumstanced.
The following plan, which I suggested at the time
of the panic, and which I had the honour of bringing
before the Royal Commissioners, has since received the
sanction of many practical men of great experience :—
“ Islands off our own coast, situated at a mode
rate distance from the mainland and from each
other, should be made convict depots. By employing
a sufficient staff, the government would be in a
position to subject criminals to a system of discipline
�13
from which we might fairly hope to see some satis
factory results. If men of violent character found that
the authorities were strong enough to subdue them
and defy their attempts at revolt, they would be more
likely, when sent out as free emigrants, to make them
selves acceptable, by good conduct, in a new country
Supposing one of the Scotch islands to be adopted for a
convict depot, a plan, something like the following,
might be carried out:—Let there be on the island about
ten separate prisons, and let the officers’ residences
form a village at the point of the island nearest the
mainland. There should be near the village a barrack
for the accommodation of an armed guard. The
governor should have, from, his residence, a telegraph
communicating with the several prisons. He would
thus be enabled, in case of outbreak, to concentrate
such a force on any particular prison as would not only
at once crush a mutiny, but shew the futility of any
attempt to escape.
/
Each separate building ought to be in the charge
of an efficient deputy. One should be used for the
close confinement and punishment of those who were
apparently incorrigible, and in it the most severe dis
cipline should be enforced—those confined in it never
being allowed out of their cells on any pretence ; an
other should be used for carrying out a rather less
rigid discipline; a third as a reception and probationary
prison; the other buildings would afford an opportunity
for testing different kinds of discipline and for classi
fying prisoners. The whole would constitute a
reformatory course, and afford to each prisoner an
opportunity of gaining some advantage, in proportion
to his efforts to deserve it. Each might then be drafted
to the public works or some other field of labour.
�14
“ Correspondence between convicts and their
friends should be a great favour, to be earned by
exemplary conduct; and tickets of leave at home
should be granted only in very exceptional cases.
“ In the two buildings allotted for the confinement
of the worst class of convicts, there should be no
assembling for chapel, but scripture readers or mission
aries should, under the direction of a chaplain, instruct
the prisoners in their cells.
“ It is not desirable that men of infamous character
should be liberated on the ground of ill health ; a
suitable infirmary, with proper necessaries, should be
provided for the sick, who should then take their
chance of recovery, as any honest poor man would be
obliged to do, in case of sickness. It would be better
for them to die in a gaol infirmary, where they would
receive both spiritual and medical aid, than in the
foul dens to which they would return if free.
“ The idea sought to be embodied in the foregoingplan is a combination of the deterrent and reformatory
principles, under circumstances which would admit of
their being carried out in their integrity.
“ In dealing with a large number of convicts, it is
desirable so to insulate them as to make escape almost
impossible. This, as I have shown, might be accom
plished by locating them on an island ; and in order to
prevent a dangerous combination on the part of the
prisoners, they should be so subdivided as to enable the
governor to quell, without difficulty, any resistance to
authority. This is attainable by means of the separate
prisons indicated in the plan.
“ To facilitate the working out of the reformatory
process, the lowest class of convicts should be separated
from those who give some promise of amendment, and
�15
the worst should be subjected to a discipline sufficiently
rigid to destroy the hope of gaining anything by resist
ance. On the other hand, all of them should be
encouraged to improve their own condition by a perse
vering course of good conduct.
“1 refrain from entering upon the consideration of
that contingency of solitary confinement, so interesting
to the psychologist—insanity—further than to say
that, naturally healthy minds do not appear to give
way in consequence of such confinement. In any case
in which, within my own experience, insanity has been
its result, there has been a predisposition in that
direction.”
It may be an unpleasant suggestion, but truth com
pels me to add, that a responsibility rests on society
to support and guide the weaker member in his effort
to stand upright. It is unreasonable to suppose that
one who is injured by a fall can walk as well as the
man who has not suffered; and we must not forget, that
as society, by its neglect, has indirectly assisted in the
degradation of the criminal, it is incumbent on it, while
punishing the incorrigible, to lend a helping hand to
the penitent—remembering that one of the last lessons
our Saviour taught us was the possibility of a thief s
conversion.
September 1st, 1863.
��
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Victorian Blogging
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A collection of digitised nineteenth-century pamphlets from Conway Hall Library & Archives. This includes the Conway Tracts, Moncure Conway's personal pamphlet library; the Morris Tracts, donated to the library by Miss Morris in 1904; the National Secular Society's pamphlet library and others. The Conway Tracts were bound with additional ephemera, such as lecture programmes and handwritten notes.<br /><br />Please note that these digitised pamphlets have been edited to maximise the accuracy of the OCR, ensuring they are text searchable. If you would like to view un-edited, full-colour versions of any of our pamphlets, please email librarian@conwayhall.org.uk.<br /><br /><span><img src="http://www.heritagefund.org.uk/sites/default/files/media/attachments/TNLHLF_Colour_Logo_English_RGB_0_0.jpg" width="238" height="91" alt="TNLHLF_Colour_Logo_English_RGB_0_0.jpg" /></span>
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Conway Hall Library & Archives
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2018
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Conway Hall Ethical Society
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Title
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Observations on criminals: being a paper read before the economic section of the British Association, September 1863
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Robins, T.
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Place of publication: Newcastle-upon-Tyne
Collation: 15 p. ; 22 cm.
Notes: T. Robins was Governor of Newcastle-upon-Tyne Prisons. From the library of Dr Moncure Conway. Read before the British Association for the Advancement of Science. Economic Science and Statistics Section.
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Printed at the Daily Journal Office by A. and J.M. Carr
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1864
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G5391
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<p class="western"><img src="http://i.creativecommons.org/p/mark/1.0/88x31.png" alt="Public Domain Mark" /><br />This work (Observations on criminals: being a paper read before the economic section of the British Association, September 1863), identified by <a href="www.conwayhall.org.uk">Humanist Library and Archives</a>, is free of known copyright restrictions.</p>
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Text
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English
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Crime
Conway Tracts
Criminals
Criminals-Rehabilitation-Great Britain
Prisons