New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-12-23

rA'e'i o1AA ASAu IL law p1OuOICS OdA U0LAoAA
in those subject to the law, and if the
law regards life as invlolable, the peo-
pie would also SO regard it, The re-
suits of capital punishment are IRENE
diable, and the innocence Of the victim
counts lor naught. The fallible tribun-
al that pronounces such judgment fre-
quently bases its conclusion upon, the
most unreliable and perjured testimony
often emanating from witnesses seeking
revenge, and not infrequentlY from the
actual criminal, to shield himself. So
}long as man IS liable to err in judg-
ment, would it not befar bettsr to re-
serve the right of correcting possible
| mistakes? The community IS shocked
whenever an innocent person is execut-
ed, and none can be found who will ad-
NIT that they are to blame; yet to cer-
tain extent all are to blame in greater
or less degree, and all must be respon-
sible until the laws are so changed as to
prevent a recurrence. All laws teach
that motive and intent are the essential
elements OF crime; hence sanity must
not be wanting in the perpetrator in Or
der to properly punish him. Every jury
must of necessity pass Judgment upon
the mental condition of the accused. and
determine where sanity ends and insan-
ity begins. The workings of the human
brain, that complex organism which
even the most scien tifc cannot always
fathom, the disorder of which frequent
ly produces crime, must be analysed by
ajury Of unscientifc men. Sand their
Judgment in most cases is final. There.
fore who will deny that often irremedi-
able punishments are meted out to those
ALREADY afflicted with the awful malady
of insanity. A popular fallacy exists
that the death penalty is absolutely es-
sential to deter the criminally inclined
from committing murder. and that
without this menace society would be
unprotected. While admitting it, do
terront t3ree, yet I leel confident that
life imprisonmeps persistsntly enforced
would he equally effective. Il not nors
20. The sure and strict enforcement Of
law yifhthisssaiilltis islazrn. ofs punii.a n
ment would strike greater terrer to tho
vicious than the present uncertainty.
The aversion Of courts and, juries to
convict WHARF irrenediabls Punishment
iollows oftsn shield ths g.iitv. but with
> law whish permits the correcting Of
mistakes. greater certainty of oonvis-
tiens wonld follow. Dsa4h Il che ssM-
mon lot Of all, and the menace thsrsof
farIin the future inspires 10 particular
dread. Tbs murderer thinks not Of his
own. life At the time hs commits. the
crime, and only fears dsath (if At ~
when it is absolutely impending. Again
large percentage Of tho murderous
class place little or no value upon their
own lives, and eftsn regard death Is :
blessing owing to :.he fact that their
previous life had been largely made up
of unhappiness. Tho great excess of
suicides over homicides proves the state.
ment that life is often burden. To de-
ter the vicious and desperate is the
chief aim Of the law; hence tho idea of
legislating men of this class out Of ex-
istence to end their enjoyment is some
what fallacious.- The value of any
threatened penalty depends largely up
on the uniformity of its enforcement;
and the repugnance of those whose
duty it is to enforce the death penalty
is often the avenue through which the
guilty escape. 4 large portion of hui
manitY being so averse to this penalty,
they will seek many means to avert it,
and frequently besiege the Chief Exc
cutive for clemoncy, and often with sue
cess. By the commission of crime man
forfeits his civil rights, and this forfei-
ture gives society its right over him.
Restraint should then follow for the
purpose of protecting society, and il
possible reform the offender. Many in
stances might be cited showing that the
gallows instead of suppressing crime
incites the commission of it, aud hence
modern civilization and legislative bod.
les have concluded that this exhibition
of executing the criminal should not
take place in public, owing 10 the ex-
citing and bad effect upon the depraved.
Does not the state in sanctioning secret
executions thereby confess their perm
cious effect upon the multitudep IF not
SO, then at once repenl all laws which
limit the number Of spectators and her
aid the event far and wide. bidding the
4 populace draw nigh and witness thi,
/ spectacle, for its moral and deterrent
q effects. Punishment for crime ought te
be three fold in its nature: First. The
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