In the economic sphere, it has been observed that when a staple
product fails, recourse is had to less esteemed substitutes, in
order to supply the natural wants of mankind. So in the criminal
sphere, as we are convinced by experience that punishments are
almost devoid of deterrent effect, we must have recourse to the
best available substitutes for the purpose of social defence.
These methods of indirect defence I have called penal
substitutes. But whereas the food substitutes are as a rule only
secondary products, brought into temporary use, penal substitutes
should become the main instruments of the function of social
defence, for which punishments will come to be secondary means,
albeit permanent. For in this connection we must not forget the
law of criminal saturation, which in every social environment
makes a minimum of crime inevitable, on account of the natural
factors inseparable from individual and social imperfection.
Punishments in one form or another will always be, for this
minimum, the ultimate though not very profitable remedy against
outbreaks of criminal activity.
These penal substitutes, when they have once been established in
the conscience and methods of legislators, through the teaching of
criminal sociology, will be the recognised form of treatment for
the social factors of crime.
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