The herald., 1897-06-20
SUNDAY, JUNE 40, 1907.
CRIME AND PENALTY

knowledge is acquired Of crimes COM
mitted than was possible to obtain half
century ago. For this reason people
jump to the conclusion that crime is on
the increase. Whether the percentage
of crime, based upon population, is
greater or not we have no certain means
of finding out. Where population is
concentrated there undoubtedly is a
greater proportion of crime than where
1t is scattered; and it is also true that
there Is more where there is idleness and
poverty than when people have employ
ment and plenty. Density Of population
tends to increase of idleness and pow
erty.
How to provide employment for the
people has been troublesome problem
in all populous countries. That problem
is now before this country.
If crimes have become more numerous
in proportion to population than for
merly the lax execution of the laws may
be one of the causes. The criminal ele-
ment is not so much restrained by Sc
verify as by certainty of punishment.
AS compared with many nations, pun
ishments under our laws are not severe,
but the guards provided for protecting
the innocent are so numerous that con-
viction of the guilty is much more Eik-
fcult than in countries where proceed
ings are more summary. Ordinarily
when man contemplates the commits
sion Of crime he calculates the chances
of detection, and, if detected, the chances
for escape from conviction.
Americans are a very sympathetic
people. When person is arraigned for
a crime, no matter how heinous, SYM
pathy is manifested at the trial. The
courthouses are filled with people who
would have the culprit acquitted, and
by their presence the jury is influenced
to distort every possible circumstance
into ground for reasonable doubt Such
displays may be creditable considered
from the standpoint of humanity, but
they interfere with the just admins
tration of the law, and put in hazard
public security. The wretch who has
committed a crime is to be pitied but
safety to society should not be over
Justice is equally important to the well
fare Of community.
Those disposed to criminality rely up
on the impressibility of jurors and upon
70 he
ecutives. They hope to escape through
the one and failing in that, for clemency
from the other. The humanity of our
people is an obstruction to the applica-
ton OF the principle of certainty Of pun
ishment, and it is a fact that more guilty
persons escape conviction in this than
in any other country, and it is true also
that in sentencing culprits our courts
are more lenient than those of other
countries.
We do not advocate cruelty by any
means, but that there shall be sufficient
severity to assure justice to parties
charged with crime, and that safety to
the public which results from certainty
of punishment.
1t is comparatively recent that the
policy of imposing hard labor upon con-
victs was adopted. The primary idea
Is that those who put governments to
the expense of capture, conviction and
Imprisonment should refund as far as
practicable by their work. 1t is hu-
manitarian policy for it makes prisoners
healthier and happier. Not only this.
but experience proves that since labor
has been required of convicts fewer in
percentage commit crime and return a
second time to prison than before labor
was required of them This is a fact
established by carefully kept records.
The reason for it is obvious. When per-
sons have been confined a long time in
idleness the faculty and disposition to
work are impaired they are turned out
into society in disgrace, and having no
knowledge Of trade or occupation