New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-02


submitted 10 these experts and the replies obtained
from them should he In writing, and That so tar AZ
story will permit. tho investigation OF the ques-
upon which the views Of opinion VIM
not in open court. Tn. Judge himself should ps
the final authority Of the net truth To n" game
from all ne exper, testimony inbs as il wsre
70 tho Jury With tho precision authority ahn
,mrsrtlaltv with which 10 them no eHpouhns '"e
This would be reduction or the present csnaai
~ EXPERT ,eetirnony. n should be the nrst s'op
toward rho reform or the abatement ~ MAJ ecu
dsl ~ tho change can no MADE ny statue "
should bs made in that way c9ns'l,u'lo On ~
hove, ar sc many believe. courts under 'htir nroR'
equity po~er- can dscree or ordain lniI ohapTe
mat should be dore. Court made la" ls IN INC
lcrg run the best law The innue1c" ~ courts on
ne making OF Law, by legislative 'ction has Tor or.
long time been benign as well as IN the very nH.e
Of things large TIE object ~ trsls "a the hn1ing'
ont OF facts or truth That method of MA WnIc ,
best finds on, the truth ~ case Is the best nut
neither 81 judicial methods nor Of any nethods 20
Professor Isaac Franklin Russell well SAYS can
matte ana ~ physcs alone can that he affirmed
Law must take its chances on human inhrmite ,
human interest ana human sins But We ki.ow
that largely 70 courts that sympatheur
correspondence with humanity which mas s,mpn,,
fed the getting Of evidence. On the one hand ana
reduced the brutality If penalty. on the other
CURIosITIEs OF EXPERT TESTIMONY
My purpose has been constant In this output ~
my views to avoid the personal treatment Of the
question rr al Least work iuto II no reflection
on experts rs individuals Il Is dificuli. however
70 avoid consideration of tho had effect upon er-
perts Of the partisan or competitive character OF
their t.stin,cnv There are mon who hold them
selves ont as experi. There are so-calicd EXPORTS
seek 10 commend themselves 70 the injured ~
their professional hackers IN vindictivc ligsto'.
Others still constantly seek 20 ingrauste them
selves with corporations which arc exposed ~ dan
suits. There are runners I'm about every CITY
pocket the cards Of damage lawyers and IN ar
other the addresses of professional experts WIN
uric rel ~ fI-
tures. Neither the collective character 90 the rar
iession Is represented by these creatures Put
these creatures do exist are active and. TO say the
least, are rarely poor
honors 10 base mis- cndeavors upon the wealth
which he has acauired in What do not hesitate
sion, and. 10 make his plea for nomination
tremely rathetic. such an as.irant generally says
that II ne Is raised 70 tho bench ne will have
opportunity by reform or 10y restraint ~ Improve
his reputation ! have known doctors who have
facts. involving The plea OF insanity n exactly the
OPPOSITE effect 10 that which they have given eyi-
Che other side of that river When confronted
Win their contradictions they have saa that the
body knew that they We're
COURTS THE COMMUNITY AND CRIME.
The relation IN which law stands 10 the com
muntty is It's relation - crime The s,ieuce NJ
crimlnoosy Is the onA witch LEGAL roforn,rs social
az humaniiarans AMI scientists should
thst rlzn II gaining over wrong that pronor!on ~
addosnlsre which existing tldic. systems or meth
person in every S,H2 % our population IN AMERICA
vas prisoner. In iSo ono IN every - persons
was prisoner. The annual cost 90 tho admins
ration OF criminal law IN the I-niied states is over
sbNhN. Ihaf IL more than thirty times as large
moro than twenty-five tlnes as large ms the annual
enumeration nun. , Of our Federal legislators Excep,
army csta hments combined. n represents the
largest single item - expense IN our system except
or medical experts the function should 10 esq tho
extenuation Of crime. by tho estimate demonsira-
than the protection OF the community rom him hy
his s@quesration or then tho restoration of him 70
by right treatment. Tho experts Junction ehnpld
be the function 81 the physician. whether In court
as that same foe IN tho general welfare that any
other moral or physical malaiy H.
And so. unscieniincaly but ardenfly and even
passionatey. II you will. wish 10 give my adhesion
10 the scientific rather than 20 tho theological cs
world. Sin L. want OF conformity unto law Rut
acts are not, wrong merely because they arc Tor
wrong. TIE law from which sin Is a deviation or 81
which II Is violation should be discovered by tho
light OF science as well as by that OF revelation
Men talk and write and illuminate or refine ali
Innocence or the fa For impu f"o
rtad heredy For gun, re.a disease For pun
osca s sw IN Tss 1bns a a. GG within
creature involved mar. aro he sane ''" anu '''
Crime should be treated hy courts and crimes |
should be diagnosed by medical expcrts in wnv' n
possible, TO rettore man TO tho original purity and
innocence predicated 81 him by theology. to adj ,
vance him TO such condition according 70 whether |
or science be used The shibbolcth Of the hrs, /
tog ,d o i9 an earlier The
better future. The law which eac1 would subserNe /
T. not that body OF statute passei by legislatures
which is the upcome Of experience in the II |
Is CODE OF CONFORMITY with the original nature Of
ls m Ice
Of development before man revealed by science |
' Got Tss nd v be S. s st p,
c c9 The new view IL hlied with schools Tho
new view has been illuminated by Industry.
CRIME A Durable DISEASE.
Thence has been evolved the science Of law
body OF trained men impartially dividing for the
protection OF the community from the criminal AMI
Of the criminal from the community. Hence tina |
~ OF ne M ana
gain OF crime authority out Of proportion 10 the
the PROCESS OF religion and Of education in the
world. Something better than this must be had.
such study Of him as Viii account for What he
Is and why he Ia so. for what he did and why he
ences as will form In him at least perception Of
better things must be effected. Encouragement 20
The crimina! is not an instance. lie Is a type.
He is no, merely A person. lie Is species iie IS
not merely transgressor He is product lie Is
not merely product. ~ Is reproducer Of hts
kind. worsened and intensified. His moral santa
ton must be regarded az Of vital importance. Tho
community must he protected from his begeitng
powers until he can be made worthy citizen aud |
allowed 10 become a worthy pTogcntnr
This u where the medical expert should come IN.
The community should be his patient whom III" J
prisoner is his subject. He should prognose the
ease Of postAritv when he deals With tho contain
porary culprit The prison ~ him should be 4 hos.
pitaI or an asylum. Al cur. jurisprudence should .
be essentially medical in ~ intent. scienhc IN IFS
procedure and moral In Us motiv" Tbs Ia entirely
possible within Existing instrument alities
Oiir courts can he rade 10 respond :" these prin-
p1r he ~ M
with the advocacy Of these truths The T
junction Of tho iistrict-attornei can be made iu-
1icia and morally pathological, instead Of legally !
With him, the criminal dcf.ndarfe a..
iorrey ean walk hand IN hand on the highway ~
right instead ~ reproducing N" brutal nmicry ~
savage war. which should he an impossible fraasty
and an incr.iihe barhariiy In temples dedicatsd ~