The St. Johns herald., 1893-06-15
Psychological RefOrm."

tiIIC pcHOiOSy tid6 oHIItIItoS dllu certainty in the inf1iction of the legal penalties for wrongdoing are prime factors in their preventive in fuence. As the chief object of legal punishment should be the preven- ton of crime 1t is obvious that apart from all conscientious and senti- mental considerations, capital pun ishment is melancholy practical failure. The 236 illegal lynchings during the past year, which, how ever indefensible from high moral or legal standpoint, have at least been swift and certain in theIr ope- ration, have doubtless thus fulfilled the true function eff a preventive penalty far more efficiently than the legal executions. It is unquestion- ably tEe dictum of enlightened penologists at the present day that the penalty of Imprisonment for life at hard and useful labor, pr even for definite term of years, with proper restrictions of the pardon ing power, would be far more effect ual as deterrent than Is the taking of the criminals life, in the exist ing state of public opinion in civil ized countries. With reference to the pardoning power, 1t may be said indeed, that as a prerogative of governors and presidents, it's sur vival is an anomaly under our re- publican institutions. It IS essen tially royal prerogative-a direct inheritance from the monarchical system, under which the "divine right" of the king was assumed to render him superior to the decrees of courts and legislative bodies. This power, in minor offenses, should give way to the operation of the in- determinate sentence system which involves the release of prisoners on parole and the reduction of sen tences for good behavior; and in the higher crimes it should be vest. ed only in a properly constituted court of pardons. with clearly de- fined and limited powers, giving the judges authority to act only up on newly discovered evidence, or in those extreme cases where human ity and sound judgement justify a shortening of the sentence.
 It is another axiom of modern scientific penology that society has no rightto inflict punishment in the spirit of vengeance or retribution. It has, first, the right to protect it's members from the unsocial and predatory acts of the criminal and secondly, the right and obligation to submit offenders to such discipline and instruction, un- der humane and enlightened meth ods, as will transform them, if pos sible, into productive and abid- ing citizens. With hardened offend CTS of mature years, this is, of course a difficult task. With the young and with first offenders, the case is more hopeful. Here the problem is to furnish criminals with an en- which shall supplement the lack of physical, mental and moral discipline under which they have developed criminal tastes and to overcome, as far as pos< sible, those congeni,nl defects, both bodily and mental, which predis- pose to criminal weakness; to in crease the power of the will over the inclinations; to improve the phy
  sique and health of the subject, and thus rid the constitution of abnor- nal physical appetites to develop moral sensibility; and finally, to give instruction in some useful trade or occupation, so that when the person again enters society he will be able to earn remunerative wages and not be compelled to Hive by his wits" which generally means to drift through life as wit Iessly as possible.-Dr. James G. James, in New Occasions for June.