Crime: Its Cause and Treatment eBook

This eBook from the Gutenberg Project consists of approximately 235 pages of information about Crime.

Crime: Its Cause and Treatment eBook

This eBook from the Gutenberg Project consists of approximately 235 pages of information about Crime.
man.  For these reasons, a limit should always be set on a punishment and the limit should not be too long.  The idea of a tribunal, perhaps including the judge who passed sentence, having the power and the duty imposed upon him to review sentences and reduce them if it seemed best from time to time, might have a good effect.  The feelings of most men in reference to the degree of punishment change as time goes by.  Always with the punishment is a strong feeling of both hate and fear.  It is not possible really to punish, that is, to inflict suffering without hate or fear.  The most necessary thing in preparing soldiers to fight, is to teach them to hate and fear the enemy.  In the trial of a case, these feelings are fresh in the minds of the prosecutor and the judge when the case is finished, and they necessarily act more or less under the dominance of their passions.  In time these feelings fade, and a saner and kindlier judgment takes the place of the first feelings that possessed the mind.

With the parole system is going on a movement for probation.  This provides that the convicted man need not be sent to prison but may be released on certain terms, sometimes requiring that money taken shall be refunded.  After that he shall be placed under the supervision of some friend or agent who will report from time to time to probation officers or to the court.  Probation is generally granted to young prisoners and first offenders but usually not permitted in cases that the law classifies as the most serious.

Parole and probation are much the same in theory.  In both these cases the clemency should depend much more upon the man than on the crime.  It does not follow that a very serious crime shows a poorer moral fibre than a lesser one.  It may well be that the seemingly slight transgressions, like stealing small amounts, picking pockets and the like, show a really weaker nature than goes with a more heroic crime.  There is no such liability to repeat in homicide as there is in forgery, pocket-picking or swindling.  The seriousness of a homicide is likely to make it impossible that the same man shall ever kill again.  Many such men would be perfectly safe on probation or parole.  But the smaller things that are easily concealed and come from an effort of the condemned to live, either without work or in a better way than his ability or training permits him to do in the hard and unfair conditions that society imposes, are often much harder to overcome.  At any rate, the main question should be in regard to the man and not the crime.  In cases of parole or probation, society should do what it can to help the man make good.  Generally employment is necessary and a different and easier environment often indispensable.  If organized society would only take the pains to make an easier environment for all the less favored, the problem would be fairly simple and most of the misery that comes from crime and prison would gradually disappear.

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Crime: Its Cause and Treatment from Project Gutenberg. Public domain.