DeSoto times. (Hernando, Miss.) 1879-1898, 1890-12-18
RESTITUTION.
Proposed Reform in Criminal
Jurisprudence.
ho Thief who Steals Should Reimburse
tho One He Has Robbed
How the New Systom
Would Work.

salient features, is taken. The writer
says: There are few laws, on the statute
books Of any State in the Union to-day
that are in harmony with the spirit OF
me age in which we live, which have
been put there without tight-I mean
h has cost much time and labor, and
lone, bitter discussion, and they were
met with the most determined opposi-
lion before they finally became vital
mrt of the legal code of . common
Wealth. especially is this true of those
aws which recognize the property rights
ii women, and which place them on
omething like an equal footing with
men in our courts. So, / assert that
pogress In law making, that is, in
taming wise and beneficent laws suited
10 the needs of our present civilization,
bss been slow AMI tedious. And further,
that in almost every instance a PROPOSE
lion to reform bad, unjust statute, or
b make new one not in conformity to
rinciples laid down in the old common
Aw books, has come from those outside
II the legal profession; while, as rule,
tho most uncompromising and bigoted
opposition to such measures has come
rom those within that profession, and,
not unfrequently, from those highest in
/ It those wearing the judicial .ermine.
In framing penal statute the most
essential part of IT is its penal feature,
that is, the punishment which it in
ficts. 1t matters not SO much the pro-
cedure, the exact form Of trial. whether
by Judge, jury or associate bench, but
the penalty is all important. 1t might
be we'll to say too that to-day the rights
Of person charged with felony, so
far as fair and impartial hearing, the
right Of challenge, the admission of
testimony, ETC., are we'll guarded. This
semtnently right and just 1t is not
with this working of criminal law that
we are finding fault. Nor is it with
the modes of punishment now in vogue,
save that of the death penalty; but in
the fact that penalties as now inflicted
BY ycriminal procedure in our courts fall
short Of the ends Of complete justice.
Ncourse | understand that any viola
tion Of a penal code is taken as an Of
tense against the State rather than
against the individual wronged. But /
do insist that complete, justice should
take into consideration the citizen who
IS wronged by the law breaker and
should therefore include in the punish
ment inflicted restitution to the former.
A thief enters my house and carries
away we will say, property to the
value of one thousand dollars. A few
days later he is apprehended. In the
meantime he has effectually disposed of
me stolen goods am put to the
trouble, and usually some personal ex-
pense, Of prosecuting him. He is found
guilty and sent to States prison for
aVe years. l have the satisfaction of
moving that this particular thief or
burglar is not likely to trouble me
again soon, but does that restore to me
my lost property
But suppose the State put this
0nender to work, hiring him out as
fsonvlcts are now let, but at price
'aat will pay the State for his keeping
una small surplus for each day he
WORKS; when this SUN amounts to the
,alae y Of the goods he has stolen,
y Ieh let the State reimburse me for my
nv lUss and give the convict his liberty.
.hls would be complete iustice--"a
punishment that fits the crime" and
ss.Ves s Jul restitution to the swronged
party. 6
!. we're such system as this in vogue
n, usie would be but few cases Of COM
tsaaalng felony To-day, as is we'll
.la davWn' one Of the most serious obsta-
s''s y, ~ times, in the way of punisbing
49,. ulnlnal and especially in cases of
10y, ~Sva theft and EN- bezzlement, is the
H.. ianhsness Of the injured parties to
s.eso prosecution in order to secure
~ cs' return of part or all of the stolen
~. loss property; in other words to OBJ
,s.l,, m.a What the law now fails to give,
restitution.
I. y, .hs system, too, would hold good in
ra.. ues of all classes from that of a
!, es''y larceny to murder. What better
Il w. more fitting punishment for him
i NY lakes human life than that he
nrvuia ma, 30 compelled to labor the re.
.ha hnuef of his days, and his earnings
'ppAea towards the support Of those