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LETTER VII.: PENITENTIARY-HOUSES—SAFE CUSTODY. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 4 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 4.

Part of: The Works of Jeremy Bentham, 11 vols.

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LETTER VII.

PENITENTIARY-HOUSES—SAFE CUSTODY.

Decomposing the plan, I will now take the liberty of offering a few separate considerations, applicable to the different purposes to which it appears capable of being applied.

A Penitentiary-house, more particularly is (I am sorry I must correct myself, and say, was to have been) what every prison might, and in some degree at least ought to be, designed at once as a place of safe custody, and a place of labour. Every such place must necessarily be, whether designed or not, an hospital—a place where sickness will be found at least, whether provision be or be not made for its relief. I will consider this plan in its application to these three distinguishable purposes.

Against escapes, and in particular on the part of felons of every description, as well before as after conviction, persons from the desperateness of whose situation attempts to escape are more particularly to be apprehended, it would afford, as I dare say you see already, a degree of security, which, perhaps, has been scarce hitherto reached by conception, much less by practice. Overpowering the guard requires an union of hands, and a concert among minds. But what union, or what concert, can there be among persons, no one of whom will have set eyes on any other from the first moment of his entrance? Undermining walls, forcing iron bars, requires commonly a concert, always a length of time exempt from interruption. But who would think of beginning a work of hours and days, without any tolerable prospect of making so much as the first motion towards it unobserved? Such attempts have been seldom made without the assistance of implements introduced by accomplices from without. But who would expose themselves even to the slightest punishment, or even to the mortification of the disappointment, without so much as a tolerable chance of escaping instantaneous detection?—Who would think of bringing in before the keeper’s face, so much as a small file, or a phial of aqua fortis, to a person not prepared to receive any such thing, nor in a condition to make use of it?* Upon all plans hitherto pursued, the thickest walls have been found occasionally unavailing: upon this plan, the thinnest would be sufficient—a circumstance which must operate, in a striking degree, towards a diminution of the expense.

In this, as in every other application of the plan, you will find its lenient, not less conspicuous than its coercive, tendency; insomuch that, if you were to be asked who had most cause to wish for its adoption, you might find yourself at some loss to determine between the malefactors themselves, and those for whose sake they are consigned to punishment.

In this view I am sure you cannot overlook the effect which it would have in rendering unnecessary that inexhaustible fund of disproportionate, too often needless, and always unpopular severity, not to say torture—the use of irons. Confined in one of these cells, every motion of the limbs, and every muscle of the face exposed to view, what pretence could there be for exposing to this hardship the most boisterous malefactor? Indulged with perfect liberty within the space allotted to him, in what worse way could he vent his rage, than by beating his head against the walls? and who but himself would be a sufferer by such folly? Noise, the only offence by which a man thus engaged could render himself troublesome (an offence, by the bye, against which irons themselves afford no security,) might, if found otherwise incorrigible, be subdued by gagging—a most natural and efficacious mode of prevention, as well as punishment, the prospect of which would probably be for ever sufficient to render the infliction of it unnecessary. Punishment, even in its most hideous forms, loses its odious character, when bereft of that uncertainty, without which the rashest desperado would not expose himself to its stroke. If an instance be wanted, think what the means are, which the so much admired law of England makes use of, and that in one of its most admired branches, to work, not upon criminals, but upon its favourite class of judges? what but death? and that no common death, but death the slow but necessary result of lingering torture. And yet, whatever other reproach the law may be thought to merit, in what instance was it ever seen to expose itself in this way to the reproach of cruelty?

[* ]Should such strictness be thought requisite, visitors, if admitted into the intermediate area, might be precluded by a rail, from approaching nearer than to a certain distance from the cells; and, in some cases, all conversation between them and the prisoners might be interdicted altogether. The propriety of such a regulation may be thought to stand upon a different footing, according as the confinement were previous or subsequent to conviction, and according to the nature of the offence, and the intended severity of the punishment.