Probation
| Published date | 01 November 1938 |
| DOI | 10.1177/026455053800300301 |
| Author | Viscount Samuel |
| Date | 01 November 1938 |
| Subject Matter | Articles |
Probation
IS THE CRIMINAL TO BLAME?
THE FOURTH CLARKE HALL LECTURE
By
The Right Hon. VISCOUNT SAMUEL, G.C.B., G.B.E., D.C.L.
L ORD SAMUEL, a former
third is his
L
own power of choice : in
Home Secretary, and one of
a particular case he may not exert
the Trustees of the Clarke Hall
himself, and may passively, as it
Fellows’hip, delivered the Fourth
were, follow the line traced by his
Clarke Hall Lecture at Gray’s Inn
past; but on the other hand he may,
on 27th October.
Lord Feversham
by an effort, apply his will and exer-
presided, in the absence of the Home
cise his judgment and with full con-
Secretary, and in the audience were
sciousness choose his course.&dquo;
judges, Home Office officials, police
&dquo;Since there are those three causal
authorities, metropolitan magistrates,
factors-heredity, environment and
justices, justices’ clerks and repre-
individual choice -
our
remedial
sentatives of every social agency
measures must have regard to each
concerned in the problem of crime.
of the three.
Heredity is the pro-
Lord Samuel, whose subject was
vince of eugenics. We have to con-
its the Criminal to be blamed-or
sider what steps are possible-so far
Society ?&dquo; emphasised the necessity
as any are possible-to encourage
for adequate study of offenders be-
breeding from good types rather
fore the Courts attempted to pass sentence. &dquo; l~he
than from bad types. But this is a specialized
lesson that Society should have learnt very early-
subject, which requires separate and expert examina-
but it has proved to be one of the latest-is that
ton.
It is not for me to enter into it here.&dquo;
individuals differ, and that we ought not to treat
&dquo; Environment raises questions of a more general
them all alike, under a standard tariff of punish-
character, and is more amenable to social action. It
ments apportioned merely to the character of the
is not less important than heredity. For after all,
crime.
It has taken a long time to get away...
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