Well, we shoot mad dogs, don't we?
Yes, but being crazy that way is a sickness—
I couldn't see but two possibilities. Either he couldn't be made well in which case he was better dead for his own sake and for the safety of others—or he could be treated and made sane. In which case (it seemed to me) if he ever became sane enough for civilized society... and thought over what he had done while he was "sick"—what could be left for him but suicide? How could he live with himself?
And suppose he escaped before he was cured and did the same thing again? And maybe again? How do you explain that to bereaved parents? In view of his record?
I couldn't see but one answer.
I found myself mulling over a discussion in our class in History and Moral Philosophy. Mr. Dubois was talking about the disorders that preceded the breakup of the North American republic, back in the XXth century. According to him, there was a time just before they went down the drain when such crimes as Dillinger's were as common as dogfights. The Terror had not been just in North America—Russia and the British Isles had it, too, as well as other places. But it reached its peak in North America shortly before things went to pieces.
"Law-abiding people," Dubois had told us, "hardly dared go into a public park at night. To do so was to risk attack by wolf packs of children, armed with chains, knives, homemade guns, bludgeons... to be hurt at least, robbed most certainly, injured for life probably—or even killed. This went on for years, right up to the war between the Russo-Anglo-American Alliance and the Chinese Hegemony. Murder, drug addiction, larceny, assault, and vandalism were commonplace. Nor were parks the only places -- these things happened also on the streets in daylight, on school grounds, even inside school buildings. But parks were so notoriously unsafe that honest people stayed clear of them after dark."
I had tried to imagine such things happening in our schools. I simply couldn't. Nor in our parks. A park was a place for fun, not for getting hurt. As for getting killed in one -- "Mr. Dubois, didn't they have police? Or courts?"
"They had many more police than we have. And more courts. All overworked."
"I guess I don't get it." If a boy in our city had done anything half that bad... well, he and his father would have been flogged side by side. But such things just didn't happen.
Mr. Dubois then demanded of me, "Define a ‘juvenile delinquent.' "
"Uh, one of those kids—the ones who used to beat up people."
"Wrong."
"Huh? But the book said—"
"My apologies. Your textbook does so state. But calling a tail a leg does not make the name fit ‘Juvenile delinquent' is a contradiction in terms, one which gives a clue to their problem and their failure to solve it. Have you ever raised a puppy?"
"Yes, sir."
"Did you housebreak him?"
"Err... yes, sir. Eventually." It was my slowness in this that caused my mother to rule that dogs must stay out of the house.
"Ah, yes. When your puppy made mistakes, were you angry?"
"What? Why, he didn't know any better; he was just a puppy."
"What did you do?"
"Why, I scolded him and rubbed his nose in it and paddled him."
"Surely he could not understand your words?"
"No, but he could tell I was sore at him!"
"But you just said that you were not angry."
Mr. Dubois had an infuriating way of getting a person mixed up. "No, but I had to make him think I was. He had to learn, didn't he?"
"Conceded. But, having made it clear to him that you disapproved, how could you be so cruel as to spank him as well? You said the poor beastie didn't know that he was doing wrong. Yet you indicted pain. Justify yourself! Or are you a sadist?"
I didn't then know what a sadist was—but I knew pups. "Mr. Dubois, you have to! You scold him so that he knows he's in trouble, you rub his nose in it so that he will know what trouble you mean, you paddle him so that he darn well won't do it again -- and you have to do it right away! It doesn't do a bit of good to punish him later; you'll just confuse him. Even so, he won't learn from one lesson, so you watch and catch him again and paddle him still harder. Pretty soon he learns. But it's a waste of breath just to scold him." Then I added, "I guess you've never raised pups."
"Many. I'm raising a dachshund now—by your methods. Let's get back to those juvenile criminals. The most vicious averaged somewhat younger than you here in this class... and they often started their lawless careers much younger. Let us never forget that puppy. These children were often caught; police arrested batches each day. Were they scolded? Yes, often scathingly. Were their noses rubbed in it? Rarely. News organs and officials usually kept their names secret—in many places the law so required for criminals under eighteen. Were they spanked? Indeed not! Many had never been spanked even as small children; there was a widespread belief that spanking, or any punishment involving pain, did a child permanent psychic damage."
(I had reflected that my father must never have heard of that theory.)
"Corporal punishment in schools was forbidden by law," he had gone on.
"Flogging was lawful as sentence of court only in one small province, Delaware, and there only for a few crimes and was rarely invoked; it was regarded as ‘cruel and unusual punishment.' " Dubois had mused aloud, "I do not understand objections to ‘cruel and unusual' punishment. While a judge should be benevolent in purpose, his awards should cause the criminal to suffer, else there is no punishment—and pain is the basic mechanism built into us by millions of years of evolution which safeguards us by warning when something threatens our survival. Why should society refuse to use such a highly perfected survival mechanism? However, that period was loaded with pre-scientific pseudo-psychological nonsense.
"As for ‘unusual,' punishment must be unusual or it serves no purpose." He then pointed his stump at another boy. "What would happen if a puppy were spanked every hour?"
"Uh... probably drive him crazy!"
"Probably. It certainly will not teach him anything. How long has it been since the principal of this school last had to switch a pupil?"
"Uh, I'm not sure. About two years. The kid that swiped—"
"Never mind. Long enough. It means that such punishment is so unusual as to be significant, to deter, to instruct. Back to these young criminals -- They probably were not spanked as babies; they certainly were not flogged for their crimes. The usual sequence was: for a first offense, a warning -- a scolding, often without trial. After several offenses a sentence of confinement but with sentence suspended and the youngster placed on probation. A boy might be arrested many times and convicted several times before he was punished—and then it would be merely confinement, with others like him from whom he learned still more criminal habits. If he kept out of major trouble while confined, he could usually evade most of even that mild punishment, be given probation -- ‘paroled' in the jargon of the times.
"This incredible sequence could go on for years while his crimes increased in frequency and viciousness, with no punishment whatever save rare dull-but-comfortable confinements. Then suddenly, usually by law on his eighteenth birthday, this so-called ‘juvenile delinquent' becomes an adult criminal—and sometimes wound up in only weeks or months in a death cell awaiting execution for murder. You—"
He had singled me out again. "Suppose you merely scolded your puppy, never punished him, let him go on making messes in the house... and occasionally locked him up in an outbuilding but soon let him back into the house with a warning not to do it again. Then one day you notice that he is now a grown dog and still not housebroken -- whereupon you whip out a gun and shoot him dead. Comment, please?"