St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1891-01-24
RESTITUTION.
A Proposed Reform in Criminal
jurisprudence.
The Thief Vine Steals Should Reiaburse
the One He Has Robbed
How tAs New System
WDuld Work.


How tss New System
WEuld Work.
From An article in the October num-
Der OF the Statesman, by Ed. r. Pritch-
ard, the following, embodying its
salient features, is taken. The writer
says: There are few laws on the statute
books Of any State in the Union to-day
that arc in harmony with the spirit of
the age in which we live, which have
been put there without . fight-I mean
1t has cost much time and labor, and
long, bitter discussion. and they were
met with the most determined opposi-
tion before they finally became a vital
part OF the legal code Of . common
wealth; especially Is this true of those
laws which recognise the property rights
OF women, and which place them on
something like an equal footing with
men in our courts. So, / assert that
progress in law making. that is. in
framing wise and beneflcent laws suited
to the needs of our present civilization.
has been slow an 1 tedious. And further,
that in almost every instance 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 . rule,
the 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 a penal statute the most
essential part of it Is its penal feature.
that is, the punishment which it in.
flicts 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 It might
be well to say too that to-day the rights
of person charged with . felony, SO
far as a fair and impartial hearing. the
right of challenge, the admission OF
testimony, etc, are we'll guarded. This
is cminently right and just 1t Is not
with this working Of criminal Law that
We are finding fault. Nor is 1t with
the modes of punishment now in vogue,
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 understand that any viola
tion Of penal code is taken IS an Of
fense 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
the stolen goods. l am put to the
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 me
my lost property?
But suppose tho State put this
offeader to work, hiring him out aS
consicts are now let but 1t . price
that will pay tho State for his keeping
AMI small surplus for each day he
works; when this SUN amounts to the
value of the goods he has. stolen.
then let the State reimburse me Tor my
loss ard give tho convict his liberty.
This would be complete justice-'a
punishment that Ats the crime" and
gives .fm. ~as,aufion to the wronged
party.
Were such q 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 ths way Of Furnishing
a criminal. and especially in cases OF
arson, theft and embesylemept is tho
willingness of the injured parties to
forego a prosecution in order TO secure
the return of . part or all OF tho stolen
or lost property; in other words t0ob-
tain what the law now fails to give.
restitution.
This systcm. too. would hold good 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. 4abos ther se-s
rlainder 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 cPn~t
monwealth can furnish its convicts !
with employment on this basis Ifs1oti
on public works. such ~ canals 4
bridges and buildings. then by HIKING |
them ont. as is now done, only for 1 I
little more money. - rrt ft@srr \
Another advantage q this wonld b.
to raise the price Of convict labor. and
consequently to advance the price. OF 1
the products OF penisentiary, labor.
which are now produced So chsaply as |
to force honest laborers to work in 4
many instances for slmost fseurvvtioAn
wages All over the land today, |
henest msn. who are industrious. law. ;
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