The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1889-11-28

OF clVlllZatlOn.
Unqualified egoism by which man is to
love himself alone. is wrong. But against
the doctrine of entire selfshness is it safe
to set the doctrine of entire self sacrifice?
A compromise between the egOtiStc and
altruistc idea. will at once furnish proper
energies and proper restraints.
Indefinite sentences would. therefore. be
very helpful if the idea could be incOrpO-
rated into the criminal code of all the states:
but in the absence of this. other motive must
be furnished.
1t would also continually illustrate the
true idea of punishment.
A thorough understanding of the objects
of punishment, of which there is at present
such wide variance among thinkers on the
subject, would. believe. do very much to
unite the efforts of all penolOgists as regards
the changes in criminal law. and would at
the same time furnish true basis on which
the prison population is to be governed.
No man can be properly prepared to in
fiict punishment who has not clear idea of
the object to be accomplished. Mr. Brock
away, in his report to this association at
Boston, expressed doubt a. to the right of
the state to punish in a retrbutve way.
He also says: 1T is believed that the
deterrent force of penalties. whether upon
the prisoner or upon the public is both in
the laws and popular esteem greatly over
rated. Some penOlOgists deny in toto that
deterrents SO called have any preventive eff
fectS. alleging. on the contrary. that they
rather promote crime. because a deterrent
penalty. impossible for human wisdom to
rightfully adjust. 1t is therefore an unjust
penalty. the injustice contributing to
crime"
Mr.. BrOckaway also states in his paper,
and believe that it is very generally as
sented to by penOiogists everywhere. that
we should consider the criminal and not the
crime, that we should learn his history and
habits, study his character, find the weak
ness which has brought him into crime. and
stimulate him in every way possible to per-
manently remedy his defects that he may
go out into liberty prepared to build for him
self home, and become thrifty, honor
able citizen of the state. This is correctional
punishment and no more. 1t involves the
idea that the criminal is to change. to be
restrained. to be disciplined. to be forced.
If necessary. to take on new habits and con-
firm them. and that it is painful to him that
he regard it as great punishment to be
disturbed in his slothful, indolent and many
times filthy existence. but in reality it is
for his highest good.
The real interest of the criminal and of
this civilization as all of us are. Condi-
tiOnS that contribute to his well being will
aid all of us. No man is made happier
by the suffering of another man. A sur
geOn's knife inf1cts great sufferingS. but
because it performs great uses, it is loved
and hOnOred. All punishment should be
inflicted with the idea of use. as benefit
to the sufferer and like the knife should
never pass the line of necessity, because in
either case, it would be wrong and brutal.
Exemplary punishment inflicted as a de-
terrent must pass the correctional line. and
50 produce the same effect. Fear is a pow
erful restraint i'm the world. but it is effect
i've only so far as the operation of the law
mpresses the public mind with the idea of
justice.
Unjust punishment creates sympathy for
the culprit and destroys the dignity of the
law. AS has been said, retributive or ex-
emplary punishments have no proper meas
ure as guide. Human judgment cannot
weigh a crime and thus determine punish
ment deserved. or which will produce the
proper amount of terror, in the minds of
similar evil dOers. If unnecessary severity
acts as deterrent, more severity would act
as a greater deterrent, until logically we
would be compelled to hang for petit lar
ceny. Correctional punishment isa proper
and effective example, produces whole
some fear and a profound respect with the
very great advantage of never arousing
emotions of revenge and contest. 1t is
also agreeable to the idea that we must
consider the criminal. and not the
crime. That it's object is to correct
him. and not simply to even the account.
1t is beneficent and it is only intended to
do him good, and thus it affords more
perfect guide to the judgment in prescrib-
ing the kind and amount. and can never