The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1891-01-09
RESTITUTION.
a Proposed Reform IN Criminal
Jurisprudence.
The Thief Who stea,s Should Reimburse
the One lie Has Robbed
How the Rev System
Would Work.

bcr OF the Statesman, by Ed Z PrItch-
ard, the following, cmbodying its
salient features, is 5aken. 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
the age in which We live, which have
been put there without a hEht-I mean
it has cost much time and labor, and
long, bitter discussion, and they were
met with the most determined opposi-
ton before they finally became a vital
part OF the legal code Of 4 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
men in our courts. So, 1 assert that
progress in law making, that is, in
framing wise and benefcent laws suited
to the needs of our present civilization,
has been slow an tedious. And further,
that in almost every instance a prOposi-
tion 10 reform bad, unjust statute, or
to make a 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 uncomprOmisiny and biEoted
opposition TO such measures has come
from those within that profession, and,
not unfrequently, from those highest in
1t, those wearing the Judicial ermine.
In framing penal statute the most
essential part Of it is its penal feature,
that is, the punishment which 1t in
hicts. It 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. II might
be well 10 say too that to-day the rights
Of person charged with a felony, so
far as fair and impartial hearing, the
right Of challenge, the admission of
testimony, etc, arc well guarded. This
is cmtnently 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 criminal procedure in our courts fall
short Of the ends OF complete justice.
OF course 1 understand that any viola
tion of 4 penal code is taken IS an Of
Tense against the State rather than
against the individual wronCed. 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
mcnt inflicted restitution to the former.
\ thief enters my house and carries
away, we viii say, property to the
value OF one thousand dollars A few
days later 10 is apprehended. In tho
meantime he has cnectually disposed Of
the stolen goods. am put 10 the
trouble, and usually some personal OK
pense, OF prosecuting him. He is found
guilty and sent TO States prison for
Eve 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 the State put this
offender to work, hiring him ont as
convicts are now let, but at a price
that viii pay the State for his keeping
and small surplus for each day he
works; when this sulh amounts 10 tho
value of the goods he has stolen,
then let the State reimburse me Tor my
loss and give the convict his liberty
This would be COMPLETE justice-.a
punishment that fits the crime" and
gives .TiuH rgsti 4ft0H 70 the wronged
party.
Were such a system as this in vogue
there would be but few cases Of com
pounding a felony. To-day, as is well
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 en- mbezzIement. is the
willingness OF the injured parties to
forego 4 prosecution in order to secure
the return Of q part or all of the stolen
or lost property; in other words to OBJ
tain what the law now fails to give,
restitution.
This system, 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 90 labor the re-
ulainder 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 conyicts
with employment on this basis. II not
on public works, such as canals,
bridges and buildings, then by hiring
them out, as is now done, only for q
little more money.
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 so cheaply as
TO force honest laborers TO work in
many instances for almost starvation
wages All over the land to-day,
honest men, who arc Industrious, law
abiding citizens, are crying out against
this, 10 them. ruinous competition OF
convict labor
A Large boot and shoe manufacturer
contracts with the great State Of Illinois
for one hundred convicts at eighty
seven and one-half cents per day per
man, puts his machinery into the
prison and sets them 10 work. lie has
also factory in Chicago where he en-