The meaning of this is that penal justice at the present moment is a vast machine, devouring and casting up again an enormous number of individuals, who lose amongst its wheels their life, their honour, their moral sense, and their health, bearing thenceforth the ineffaceable scars, and falling into the ever-growing ranks of professional crime and recidivism, too often without a hope of recovery.
 As regards recidivism and the enormous numbers tried, England is in as bad a position as Italy and France. See my articles in Nineteenth Century, 1892, and Fortnightly Review, 1894.--ED.
It is impossible, then, to deny the urgent necessity of substituting for our present penal organisation a better system corresponding to the governing conditions of crime, more effectual for social defence, and at the same time less gratuitously disastrous for the individuals with whom it deals.
The positive school, in addition to the partial reforms proposed by Lombroso, and by myself in the second edition of this work, has put forward in the Criminology of Garofalo a ``rational system of punishment,'' whereof it is desirable to give a summary.
I. MURDERERS (moral insensibility and instinctive cruelty) who commit--
Murder for greed, or other selfish gratification Criminal Lunatic Asylums: or Murder unprovoked by the victim the death penalty. Murder with attendant cruelty
II. VIOLENT OR IMPULSIVE CHARACTERS (deficiency of the sense of pity, with prejudices on the subject of honour, on the duty of revenge, &c.). Adults who commit--
Violent assault suddenly provoked Removal of the offender from the by a cruel injury neighbourhood of the victim or Justifiable homicide in self-defence his family.