Savannah courier. (Savannah, Tenn.) 1885-1979, 1890-12-18
RESTITUTION.
A Proposed Reform in Criminal
Jurisprudence.
The Thief Who Steas Should Reimburse
the .Ons lie Has Robbed
How tho New System
Would Work.

From an article in the October num-
Der of tho Statesman, by Ed. r. Pritch-
ard, tho following, embodying its
salient features, is taken. The writer
says: There are few laws on tho statute
books Of any State in the Union to-day
that arc in harmony with the spirit of
tho age in which we live, which have
been pat there without hght--l mean
it has cost much time and labor, and
long, bitter discussion, and they were
met with tho most determined opposi-
tion before they finally became q vital
part of the legal code Of common
wealth; especially is this true of those
laws which recognize the property rights
of women, and which place them on
something like an equal footing with
mon in our courts SO, l assert that
progress in law making, that is, in
framing wiso and beneficent laws suited
to the needs Of our present civilization,
has been slow an tedious. And further,
that in almost every instance a PROPOSE
tion to reform q bad, unjust statute, or
to make new one not in conformity to
principles laid dow n in the old common
law books, has come from those outside
of the legal profession; while, as a rule,
tho most uncompromising and bigoted
opposition to such measures has como
from those within that profession, and,
not unfrequently, from those highest in
It, those wearing the judicial ermine.
In framing penal statute the most
that is, the punishment which it in
flicts. 1t matters not so much tho pro-
cedure, the exact form of trial, whether
by Judge, jury or associate bench, but
the penalty is all important. 1t might
be well to say too that to-day the rights
of person charged with felony, so
far as fair and impartial hearing, the
right of challenge, tho admission Of
testimony, etc, are we'll guarded. This
is eminently rightand just 1t is not
with this working of criminal law that
we are finding fault. Nor is it with
save that Of the death penalty; but in
the fact that penalties as now inflicted
by criminal procedure in our courts fall
short of the ends Of complete justice.
! OF course | understan that any viola
tion Of penal code is taken as an Of
fense against tho State rather than
against the individual wronged. But
do insist that complete justice should
take into consideration tho citizen who
is wronged by tho law breaker and
should therefore include in the punish.
ment inflicted restitution to the former.
A thief cnIers 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 ho has effectuany disposed oi
the 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 fol
five years | have the Subtraction oi
knowing that this particular thief OF
burglar is not likely to trouble me
again soon, but does that estore to mC
my lost property?
But suppose tho State put thi;
offender to work, hiring him out n:
convicts are now lot, but at a pric,
that will pay the State for his keeping
and a small surplus for each day HI
works; when this SUN amounts to the
value of the goods he has stolen
then let the State reimburse me for my
loss and give the convict his liberty
This would be complete Justice;
punishment that fits the crime" ant
gives full restitution to the wronged
party.
Were such system as this in vogue
there would be but few cases Of com
pounding felony. To-day, as is vel
known, one of the most serious obsta
cles, at times, in the way of Furnishing
criminal, and especially in cases o.
arson, theft and embezzlement, is the
willingness OF the injured parties t.
forego a prosecution in order to secur,
the return of part or all of the stoler
or lost property; in other words to oh
tain what the law now fails to give
restitution.
/ lulS SlSbculi tOO, NOulu Hoiu gOOu II
crimes of all classes from that of
petty larceny to murder. What bette
or more fitting punishment for hin
who takes human life than that h
should be compelled to labor the re
mainder Of his days, and his earning
be applied towards the support of thos,
who may have been left dependent ol
the one no has murdered. Any com
monwealth ca1 furnish its convict
with employment on this basis. II no
on public works. such as canals
bridges and buildings. then by hirinl
them out as is now done, only for
little more money.
Another advantage Of this would b
to raise the price of convict labor. an
consequently to advance the price Q
the products of penitentiary. labor
which are now produced so cheaply a
to force honest laboEers to work i
many instances for almost starvation
wages. All over the land to-day
h0aess men. who are industrious. Law