The herald., 1895-02-10
TREATMENT OF CRIMINALS.

that the more horrible the punishment
the greater will be the restraint. 1t was
supposed to be the fear OF physical pain
rather than moral suffering that influenced
people to the performance of good actions
and deferred from the commission of
crime. Civilization has developed the
spirit of sympathy and mercy, which is
nowhere shown more strongly than in
the treatment of public offenders. War
even has been humanized so far as such
an inhuman institution can be. In the
evolution that has taken place, sympathy
and leniency may have taken on an ex-
cessive growth. The believers in the most
vigorous punishment realize that the eff
ticacy of penalties as restraint of crime
does not depend so much upon severity
as certainty. Christianization of the
world has not only mitigated severity but
it has so aroused sympathy for the suffer
ers that certainty of punishment has been
materially lessened. Sympathy often pro-
ceeds so far for those in present distress
as to cause forgetfuness of the suffer
ings of those who are the victims
of crime. The sympathies which flow
out towards the friends of the MUIR
dered are frequently transferred to
the murderer. The punishment that
shall be melted out to criminals is an i'm
portant question. 1t cannot be decided
on grounds of sympathy merely, nor
what should be inflicted on the principle
of exact justice, but solely upon consider
ations of the public welfare, of what will
insure the best protection to society, not
leaving out altogether the matter of re-
forming of offenders. The former, how
ever is the principal and the latter a
secondary consideration. 1t is evident
that barbarity has no tendency to reform
it hardens, rather than softens-but hui
name treatment has the contrary effect.
Prison reform is one of the greatest OF
the century, but every so-called reform
that tends to lessen the certainty, detracts
from the efficacy of punishment.
Solitary confinement is now rarely
practiced in this country, and only in ex-
traordinary cases. Man is social being,
and to allow the criminal society not only
administers to his happiness, but its nat
ural tendency is to make him understand
and appreciate his social obligations and
duties; but as criminals are below the
mass of people in moral sensibilities, in
tercourse must be restricted to prevent
combination and conspiracy to avoid the
certainty of punishment. No reform in
imprisonment has been more salutary
than the requirement that convicts shall
labor. 1t helps in removing from the
taxpayers the burden of their mainte-
nance. 1t is in consequence of their
crimes that jails and pententiaries have
to be built, officers and guards paid, and
food and clothing provided at the public
expense. Prisoners who work are hap
pier and healthier than when idle.
Statistics show that labor has reform
atory influence, for since prison work has
been introduced much smaller percent
age of convicts commit crime q second
time and return to prison. 1t is logical
that it should be so, for work has con-
sentative and salutary influence. Those
who have learned trade in prison have
the means of earning a livelihood after
their discharge, while those who have been
kept idle have neither the disposition nor
! ability to provide for themselves. Those
who would do away with convict labor
would do infinite injury to the element
that needs to be reformed and to society
from convict labor but free men and con-
victs should not work side by side for it
is more degrading than to work by the
side of slaves. The labor of convicts
should never be disposed of to contract
ors, for they are liable to exact more work
than they should and are not as humane
as the officers of the State under whom
convicts perform labor.
Through excessive sympathy and for
other reasons the pardoning power has
often been misused. Executives thus in
tiuenced forget or disregard the primal
and high duty to see that society is duly
protected. To pardon from sympathy
would be justified and commendable if
the consequences were to affect those
only in whose behalf clemency is exer-
ciscd, but it has far reaching influence
and may result in serious public injury.
To resist powerful influences, continued
importantly and appeals for mercy, re-
quires great tirmness and the highest re-
gard for the public welfare. Sympathy
for criminals is often brought to bear
upon courts and jures, and leads to mis-
trials, acquittals and leniency in sem
fences. All this tends to uncertainty of
punishment and exposure of society to
greater depredations.
AS population increases, the number of
evil disposed persons becomes greater,
and there are also greater opportunities
for commission of crime, and detection is
more difficult In sparsely settled COM
munities every man knows his neighbors
for miles around. 1t is otherwise where
population is dense, and it is rare that
a rascal robs his neighbors or acquaint-
ances. Unless there is certainty of pun
ishment, crime will not only abound,
but will defy and overthrow all authority.
California has followed the example of
Ohio and has authorized the parol of
prisoners under certain conditions and
regulations Shortening terms of impris-
onment for good conduct has been in
operation for many years, and it has
worked well as it is in accord with scrip
tural teachings. Good conduct is some
evidence of a purpose to reform and lead
better life. Experience shows that the
practice has produced good results, but it
is u reward for what has been done, and
not as "a favor for what is promised. 1t
does not make punishment the less GER
tain. There is vicious practice of par
doning on condition that the convict
shall leave the state and never return. AS
1T sends him to other communities where
he can commit his denreJ atiopS NJ