The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1892-01-14
Crime and the Law.

In spite of the fact that New York is the
point of attraction to criminals from other
lands. and has. as all great cities have,
facination for those who lead irregular lives.
am glad to be able to believe, from my ex.
perience. that serious crimes have not in
creased in proportion to the growth of pop.
ulatiOn. The immigrants who seek our
shores are. as rule. industrious and
worthy: but among them are many who
come from countries where the laws are lax
and where they have been accustomed to
settle disputes by resorts to violence.
These usually remain in this city instead of
seeking homes in other parts of the country.
Another constant addition to the criminal
class Is from those who have been attracted
from other places by the comparative free
dom from observation afforded by city life,
and who. freed from the restraints of home.
easily drift into lawless lives. The ranks
of the criminals are constantly recruited
from these quarters. Yet the contest which
society wages against criminals has not
been unsuccessful. The younger members
of the criminal class frequently reform, or
find resistance to organized society so hope
less that they give up the fight. Between
professional criminals and the forces of law
and order the contest is never ended until
the criminal dies or is imprisoned for life In
state prison. The struggle on the part of
the officials representing society is to repress
the evil instincts of those who are found in
the criminal ranks. or to nulify their most
daring efforts. The struggle will continue
as long as society exists. and it is to be
hoped that the victories will ever be more
constant and decided On the side of those
who seek for the peace and safety OF the
community. There has been some criticism
of late i'm the discussions Of lawyers as to the
advisabiIity of continuing the jury system.
l wish at this time to express my belief that
any change, at least affecting the jury SyS-
TEN in criminal cases. would be unwise. l
have found. in long experience, that in a
great majority OF cases the decisions OF
juries as to the facts of particular case
have been just and wise. 1t has sometimes
surprised me to see how men belonging to
the business community, and unacQuainted
with the intricacies of the law. have made
sharp distinctions between different grades
of Offenses. and have brought in verdicts
which conform exactly with the legal requir.
ments of the cases 1t has sometimes hap
pened, perhaps. that jurors have been influ-
enced by the particular facts of case to
render verdict which does not comply
exactly with the legal definition of the crime
proven, but in the vast majority of cases
substantial justice has been done. know
of no other method which approaches in
fairness toward the accused, and in justice
to the community at large, the decision bya
jury of the facts in a criminal case. The
judges certainly do not seek added respon-
sibility. 1t would be unfair and burden
some to them to require that they should
pass not only upon the legal questions which
arise but upon the facts. The twelve jur-
ors can pay their sole attention to the facts.
often intricate and complicated. and by
discussion and comparison of views can
justly weigh them. The jury system as it
now exists is the result of centuries of ex-
perience. and trust that it will always be
maintained as one of the most effective
safeguards against error or injustice in the
administration of criminal law.--Frederick
Smyth in Scribners Magazine for January.