The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-31


was contributed by Justice
Kennedy, a member of the High Court
of Justice of Great Britain Its theme
"The state Punishment of Crime en-
abled him to offer opinions upon
number of topics which are in dis
cussi1n among penologists, and the
eminence of his position gives to these
some weight of authority.
At the outset of his remarks Justice
Kennedy directed attention to the
clumsiness of the present classification
of crime into felonies and misdemean-
ors. and suggested the desirability OF
more pointedly distinguishing punish
able acts which are essentially I'M
moral Gas. for example. the crime OF
obtaining money under false pre-
tenses) from punishable acts only inn
moral in so far as they involve viola
ton of our duty to obey the law OF our
country. AS it is now. a convict IS
a criminal and branded with the odlum
Of conviction. whether his guilt be that
of sheep-theft or murder, or per-
haps innocent neglect to comply with
some far-fetcred police requirement Of
a fussy legislature.
Passing to the broader subject OF
the states dominant motive in pun
ishing crime the Justice affirms his
belief that it Is not vengeance nor pri-
narily the intent to prevent repeti-
tion of the crime but THE htness OF
suffering to sin-the relation WHICH
ought to exist between Wichadness
and pain" He quotes indorsingly Sir
Edward Frey. as follows: "Why DO
we strive to associate pain with sin!
The Judge who pronounces sentence
on the criminal tries to do this. the
parent who Furnishes his child for a
lie strives to dc this. In our whole
talk about the inequality or the fitness
of punishment we assume some rela-
ton between the two things Why do
men complain of the sufferings of the
good and the prosperity of the wicked?
Why do they esteem it one or the
hardest riddles of the universe-but
that they assume that in right state
of things pain ought to so with sin
and happiness with righteousness
Why, but for this, should not hell APP
pear the proper home of the righteous
and heaven of the wicked? Is not
this the foundation of Jobs loud wall
and of the echo which it has found
through long centuries Of men? Here
We seem to be near a Fundamental
fact of human nature, a moral ele'
ment incapable of further analysis
the fact that there is a fitness Of suf'
tering to sin. that the two things, in
Justice and pain, which are both cen
trary to our nature, ought to go TO-
gether, and that in consequence we
naturally desire to bring about an as
scciation Of the two where it does not
already exist"
Arguing from this premise, Justice
Kennedy. naturally does not ally him
self with those who would soften
greatly the chastisement features Of
IMPRISONMENT. Excessive severity, he
confesses, defeats its own ends. The
very young criminals should be treated
parentally as wayward children anc
surrounded by moral and an educa'
tional atmosphere calculated tC
strengthen their better qualities and
capabilities. The habitual crimina
class should be kept under continual
surveillance in some fit place where
they will not contaminate society "a
large. Discretion and intelligence
should govern the selection Of pun
ishments for criminals. with proper
weight given to the circumstances Of
each case. But when humanity ha'
accomplished these ends, Justice Ken
nedy leaves us with the impression
tina he would favor, in the case of tht
| criminal whose offense is against tht
| person, a vigorous larruping with {
| stout cato nine tails. For, says he
punishment must not be dwarfed un-
| til it ceases to have a deterrent effect
upon the evil-doer himself"