Prevention in the pen al field

It is within the penal field, perhaps, in the world o f prisons and penitentiaries, that the words ‘repression’, ‘prevention’ and ‘correction’ find their way into the 18th and 19th centuries more frequently than before. The already mentioned Petitti o f Roreto, who was w riting and actively involved in Turin during the years o f Don B osco’s form ation and the first oratory experiences, provides us with rich information on the use o f the words ju st quoted.30

In a memorandum with a broad historical and theoretical vision dealing with the various methods to provide assistance to people charged with crimes and those found guilty both during and after the judiciary and penal procedures, Petitti distinguishes three forms o f ‘detention’: preventive, for those who have been charged; repressive, for those w ho have.been found guilty and condem ned to a short-term punishm ent;

corrective, for those w ho have been condem ned to a longer-term punishm ent. The term s are seen in reference to the different goals to be achieved, together w ith the treatments and corrective punishment to be used. The firsttype o f detention, preventive, has to do w ith “people who were im prudent and were arrested but are far from being truly inclined to do harm ”. The second type o f detention, repressive, is reserved for quite a few young people who are bindoli (swindlers, cheats), or scatter-brained but not yet corrupt and for other younger people “guilty o f minor crimes”, or “condemned to light correctional punishments, or even guilty o f very small crimes, but not yet truly evil” . The third type o f detention, corrective, is reserved for people who have been

27 Th. R. Malthus, S aggio su l p rin cip io di p o p o la zio n e, (Turin,, UTET 1949), Book 4.

Chap. 3,464.

28 Th. R. Malthus, Saggio sul principio di popolazione, (Turin, UTET 1949), Book I. Chap. 2 ,9 29 Cf. Th R. Malthus, S aggio su l p rin cip io d i p o p o la zio n e, 9 - 1 1 ,4 5 2 ,4 5 4 ,4 6 0 . Chapters I and 2 o f Book 4 tend to show the possibility, reasonableness and religious value o f moral restraint: D elta restrizio n e m orale e del n ostro d o ve re d i p ra tic a re qu esta virtù (4 45-452) and Effetti della restrizio n e m orale su lla società. 453-459).

30 Later, Chapter 10 section 1, w e w ill speak o f the involvem ent with Don B osco in a charitable and educational initiative supported by the Count in 1846-1849.

condemned for crimes calling for long-term punishment and offers a twofold advantage:

it prevents the increase o f corruption and its spread to others who belong to the previous categories, but above all it helps achieve the main goal for which punishments are given, namely, their ‘correction’.31

Naturally, for each type o f detention, a corresponding separate type o f prison had to be created: a preventive prison, a repressive prison, a corrective prison and some other special prisons.32

The them e o f prevention has its own specific value, however, w hen it is a question o f anticipating the occurrence o f a crime, o f dealing with whatever happens after preventive detention, ju d iciary and penal intervention and its respective

‘correction’. In this case the term ‘prevention’ assum es a double meaning: first o f all it m eans com pletely preventing the occurrence o f crim e; when crim es have been committed it means bringing about ‘corrective action’ through a re-education program and consequent renewal, in order to prevent any re-offending. Along these lines both the aristocrat from Milan, Caesar Beccaria (1738-1794), and the English philanthropist, John Howard (1726-1790), were famous.

The break-through w ork by C aesar B eccaria Dei Delitti e delle Pene (On crimes and punishm ents), published in 1764, has a chapter w hich deals with Come si prevengono i delitti (H ow to prevent crim es). It is better to prevent crim es than to punish them. This is the main goal o f any good legislation which is the art o f leading men to achieve the m aximum o f happiness and minimum o f unhappiness possible” . 33 Then he indicated some o f the m eans o f prevention: “The n ation’s efforts should be fully concentrated on the keeping o f clear and simple laws, m aking sure the citizens are only afraid o f the laws and not o f men, fighting against ignorance, rew arding virtue.”34 He finally concluded by pointing out the most secure means o f all, education.

“Finally, the m ost secure yet m ost difficult m eans for preventing crim es is the improvement o f education, much too vast an objective and one which goes beyond the limits I have set for myself. But I dare to say that this objective is intrinsically linked with the nature o f government which should not end up by being something cultivated only here and there and only by a few wise people, or else it becomes sterile, right up to the most remote centuries, as far as the attainment o f public happiness is concerned.35

31 C.I. Petitti di Roreto, D ella condizione attu ale d elle ca rceri in O pere scelte, 1,487-489.

32 ibid, 1,499,507-510..

33 C. Beccaria, D e i d elitti e delle pen e, ed. G. Frnacioni with Le edizion i italiane d e l “D ei delitti e d elie pene" by Luigi Firpo, (M ilan, M ediobanca 1984), # 4 1 ,1 2 1 .

34 C. Beccaria, paras 41 -44,121 -126.

35 C. Beccaria, paras 45,126-127.

This work was followed by several broad-ranging publications spurred on by D egerando, Petitti di Roreto, and Charles Cattaneo. (1801 -1869). The preventive theme is intertwined with other themes widely dealt with in publications which had to do w ith prisons and correction houses: punishm ents, forced labour, a m ore or less strict isolation.

People finally cam e to understand the following: that the application o f legal punishments is not simply a defensive and vindictive weapon used by society; that its objective is not only that o f preventing the delinquent from causing m ore harm and deterring others from imitating him; but that it should aim at bringing about the correction o fth e guilty p a rty .. ,36

Work should certainly play an essential role, but especially because work is a natural means by which a human being can im prove...37 Isolation is only a safeguard for a prisoner... because the first condition attached to punishment is that a person be ‘exiled’... Never allow him to be approached by anyone who might deter him from being sorry for what he did or stir up in others the vices he is affected by, or let others be corrupted, Here, however, in our opinion, lies the limit o f punishment: there is a type o f communication which cannot be denied, not even to the most wicked ind ividual: communicating with good people.

He has nothing to lose and everything to gain ... and it will not be enough to grant this type o f communication-right only to a m inister o f religion, a prison inspector... Why should his friends and relatives, endowed with an honourable character and who may share the same views, not be admitted nor allowed to actively make sure that their views are followed, adding the influence o f their personal affection to the power o f exhortation?38

P etitti di R oreto pays p articu lar attention to those condem ned to ‘life im prisonm ent’, ‘w ork-houses’, w here young people or even adults are locked up:

these are the ones who had lived a shameful life and are hopefully preventively prepared to shun the danger o f causing harm .39 They are classified according to the level o f crim e that they have com m itted. How ever, the author has as his starting point his fundamental trust in human potential and therefore he favours the use o f both protective and positive ‘preventive m easures’ in reference to individuals “for w hom there is a greater reason to believe that the instinct o f doing good is not entirely extinct.” “ If, for some reason coercive measures at times seem to be m ore rigorous, substantially the

36 J.-M, D e Gerando, D eila p u b b lic a ben eficen za, , 5 ,2 0 2 37Ibid, 5,208

38 Ibid, 5,215-218

39C.I. Petitti di Roreto, Saggio, .2 ,4 8 2 .

ruling authority in those institutions should be more fatherly and therefore more inclined to com bine the gentleness o f good advice to the rigour o f com m and.”40

A sim ilar direction was taken by Charles Cattaneo w ho stressed the need to scientifically study “the criminal bent” evidenced at tim es by delinquents, as well as neutralising forces and chances o f recovery.

A great part of the reverse push will still be delegated to criminal law, the prison ward and, perhaps, also to the executioner. But a major part will be delegated to indirect cures and other branches o f civil authority, especially in what regards behaviour and education. Lastly, another part will be entirely delegated to the physician. Perhaps preventive imprisonment, without any punishment, may appear to be the only way to protect society from certain crim es w hich may be considered m ore like acts com ing from a natural dishonourable condition than acts o f calculated wickedness.41