Mower County transcript., 1890-12-03
RESTITUTION.
A Proposed Reform In Criminal
Jurisprudence.
Tho Thief Who Stoa's Should Reinbursc
the Ons He Has Robbed
How tho Now System
Would Work.

Tho Thlof Who Stoa's Should Reimburse
the Ons He Has Robbed
How the Now System
Would Work.
From an article in the October num-
ber Of tho Statesman, by Ed. r. Pritch-
ard, tho following, embodying its
salient features, is taken. The writer
says: There arc few laws on the statute
books of any State in tho Union to-day
that are in harmony with the spirit Of
tho age in which we live. which have
been put there without q flght-I mean
it has cost much timo and labor, and
long, bitter discussion, and they were
met with the most determined opposi-
tion before they finally became vital
part OF the legal code OF q common
wealth; especially Is this true OF those
laws which recognize the property rights
Of women, and which place them on
something like IN equal footing with
men in our courts. SO, I assert that
progress in law making, that is, in
framing wise and benelcent laws suited
to the needs OF our present civilization,
has been slow an tedious And further,
that in almost every instance PROPOSE
ton to reform bad, unjust statute, or
to make new one not in conformity to
principles laid dow in tho old common
law books, has como from those outside
of the legal profession; while, as a rule,
tho most uncompromisiny and bigoted
opposition to such measures has come
from those within that profession, and,
not unfrequently, from those highest in
it, these 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
f1icts It matters not so much the pro-
cedure, the exact form of trial. whether
by Judge, jury or associate beno,, but
the penalty is all important 1t might
be we'll to say too that to-day the rights
Of a person charged with q felony, so
far as fair and impartial hearing, tho
right of challenge, the admission OF
testimony. etc. are we'll guarded. This
is eminently right and just. 1t is not
with this working of criminal law that
we arc finding fault. Nor is it with
the modes of punishment now in vogue,
the fact that penalties as now inflicted
by criminal procedure in our courts fall
short of the ends of complete justice.
OF course understand that any viola
tion of a penal code is taken as an Of
fenso against the State rather than
against the individual wronged. But
do insist that complete justice should,
take into consideration the citizen wlo
is wronged by tho 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 eAectually disposed Of
the stolen goods. I am put to tho
trouble, and usually some personal ex-
pense, Of prosecuting him. He is found
guilty and sent to States prison for
five years I have the satisfaction of
knowing that this particular thief or
burglar is not likely to trouble me
again soon, but does that restore to mo
my lost property?
But suppose the State put this
offender to work, hiring him out as
convicts are now lot, but at prico
that will pay the State for his keeping
and small surplus for each day he
works; when this suln amounts to tho
value of the goods he has stolen,
then let tho State reimburse mo for my
loss and give tho convict his liberty:
This would be complete justice-''a
punishment that fits the crime" and
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 we'll
known, one of the most serious obsta-
cles, at times, in the way of furnishing
a criminal. and especially in cases of
arson, theft and embezzlement, is the
willingness of the injured parties. to
forego prosecution in order to secure
the return of part or all Of the stolen
or lost property; in other words to OBJ
tain what the law now fails to give,
restitution.
This systom, too, would hold go6d in
crimes of all classes from that of .
petty larceny to murder. What better
or more fitting punishment for him
who takes human life than that he
should be compelled to labor the re-
mainder of his days, and his earnings
be applied towards the support of those
who may have been left dependent on
the one he has murdered. Any COM
monwealth can furnish its convicts
with employment on this basis. If not
on public works, such as canals,
bridges and buildings, then by hiring
them out, as is now done, only for
little more money.
p Another advantage of this would be
to raise the price of convict labor, and
consequently to advance the price Of
the products of penitentiary labor,
which are now produced 80 cheaply as
TO force honest laborers to work in
many instances for almost starvation
wages. All over the land to-day,
honest men, who are industrious, law