New-York tribune., 1901-02-17
BY SIMEON z. BALDWIN. IL. D..
Judge o. the Connection, suprene Conn,

civilization and a reproach our laws There
must be some deep cause for Il. IL would not
be supported as n too often IS ny the public
sentmeut of the community IN which The crime
occurs Cannot this cause he discovered and re-
moved?
The man lynehed is put TO death IN the great
majority ~ cases. because n Is believed that he
has been guilty of the crime % rape and thai no
suricient retribution for the offence win ha ,p
ficted upon him in the ordinary course Of law
What ground is there for this distrust of our svs-
TEN OF criminal Justice II rests partlv on The
delays 81 the law, hut more on a popular conN1c-
tion that the penalty which IS proyided IS an in
adequate one. This penalty is generally imprison-
ment for term of years in the penitentiarv with
possibility Of release during the term on parole
or by pardon. and a certainty Of a considerable
reduction n time in case Of good conduct while in
confinement.
should capital punishment be allowed II n were.
rape would generally he followed by murder II
may he that the possibility of release on parole is
not ineefensihle. This particular crime Is one
which may he committed upon sudden impulse
under the Influence of extraordinary temptation
through a momentarv lapse from the habits Of a
lifetime But is mere imprisonment. even for a
long period Of years an adequate punishment for
such offence II gives the guilty party com
Portable shelter. board and clothes az public ex-
pense, with labor enough 10 occupy his time and
insure him against ernu without az all over
hurdening his strength. II. is generally the
case. he Is poor man. ne is unlikely 10 he
better housed and fed than ne otherwise would
have been, and no harder worked An anxiety as
20 HIS means of support is removed. and during
his spare hours ne has some opportunity for read
ing in prison library. Is the father brother
Of the unhappy woman whom this mans superior
strength has enabled him 10 make his unwilling
victim likely 10 think that this manner of dealing
with him is a due measure Of retrfbutive iustice?
This brings us 20 g question ~ fundamental
character Is retributive lustice the main motive
and end Of criminal prosecutions Philosophers
like Kant have declared that il is. Those Of a
different school have deried n, and asserted that
the only lePitimate object Of legal punishment is
10 protect society by preventing repettions Of the
offence and 10 reform the offender.
Is IL true that human government has right
20 make criminal smart Tor his crime9 The COM
mon people will never believe that They never
ought 10 believe Il. The instructive sense OF nat
ural Justice cries out against such a doctrine.
Organized society is divine agency for admins
tering 10 wronEdoers their deserts so far as 81 can
be done by human judgment and human power
in the last encycical of Leo Mi ne saws that
the world has heard quite enough of the rights %
man; what IL needs Is 10 hear more of the rights
of God. May a need, also TO lock with greater
into the rights OF society2
The progress OF civilization tends 70 soften man.
nes. 70 lessen ocoascns for the eNertion OF phvsi-
cal FORCE 10 develop sentiments OF compassion and
ehalty. These results are show them
selves in the adminisJratio tion Of criminal Justice
j Is right that they should: hut here as with
everything else. reform is something that may he
pushed TOO far. Criminal procedure may he
smoothed down and polished away a point at
which Il seems the mass OF men 10 content
itseh with remedies insufficient 10 meet the evils
which II is designed oppose II so there will
be a reaction. II may be a reaction in the law
u may be a reaction against the law.
Lynching is expression the latter II
should be met by an expression Of the former
s, ne Ordinary course OF nature would seem TO in
essete IhaI aseraNated offences committed by
paysioal force and causing pain, ought 10 he pun
causes pain This pain ought not 10 be a crnei
one but il should justify iJs name. il should be
ishment which the offender will md disagreeabie
whipping is punishment Of this kind.
During the last century the number Of offences
for which = may he inflicted has been greatly de-
creased throughout the civilized world. This has
neen que u three mann causes. one is the feeling
snal ma seeh mode 81 punishment is barbarous
lalzes Another is the proposition that il is only
susIhanie as a mode Of retribuuon. and that
The objection OF cruelty is one thai applies not
% 20 whipping. hut 70 the way IN which II Is done
lhere IS no cruelty in a fathers whipping his
:, Shilo, he means 10 have Ia hurt and II does but
Whether whipping degrades and brutalzes. again.
ray depend much on the manner of lis infliction.
not 70 be restored. A cato -nine-tsiis or knout
oeshi not 20 be used leather strap well laid
On. On N me presence OF physician in the conyicts
SNh cell or some other place equally private. would
But ravisher has shown himself brute He
hhes oegfaded his victim His brutality dema nds
ls own degradation in the ranks o society. This
Is a necessary consequences Of his conviction That
probably, under the law will deprive him OF his
able IN discredit his testimony If he is
sSnsree on as a witness or appears as htigant He
BIRD" His family will suffer FOR Il through gen
T.suons ,. These things degrade more than pri-
The third objection-that II is an attempt o
The ravisher ouFht TO be punis6ed and puniSbed
70 70 severely that such crimes viii be less apt
pc ns punished because he has done wrong and the
slch sSn. winch torhds the woman's relatives 10 take
ms fhCfr han nHe
Sneer an obligation 10 them 10 deal out retributiye
ut y has good warrant TO assume this obligation.
& as Is genied by the sentimental school OF socolo-
viewed and put IN form by Professor WTloughby.
~ -, 'ohns Hopkins University. in his Social jus
sns.tflnutive. because judges and juries are not
Sinnsoiept They cannot read lhe mind. They
-. b1n5 - ali"M Tor temptation They cannot know
ne ne whole of IN" criminals history and training
Sna Sa defects' % inheritance. only God can punish
by way OF retnbution. for only lie can rightly
measure ur guilt Is this not mere soDhistry2 10 the
Nen say, with the Anarchist. that no human gov
ssrh snneat has right 20 exist because IL Is neces-
ot,,y imperfect IN scheme and eNeCution2
hilities contested isWsui, Is a5e5 3y hr"nS ma
sae s or the other according 20 the bare prepon-
tefance of evidence. The Judges may hesitate long
before determining which witnesses 10 believe
which view ~ a mans intention in using = mar
..enlar phrase 10 take. what inference 10 draw
osen o.en natural 70 speak But when the decision is
,rhsnolnesaae lesaae ana announced y ends the matter.
ftsssn,cstofth the state OF facts which has been
s.saieialy . ascertained becomes indspmahe. What
- daJldEeG. me world takes - true. i a
very human method Of getting an tho truth. huf
ss t4a me Judge may be wrong does not render his
.element UaJust II Is 10 be accepted as iust he
tsuse II is the hnal word II remedial Justice as
ssannlnlsteIec by men II the STATE is a divine
rtehey toward securing social order the judgment
nss a certain divine authority. So has every
stlnlnal sentence. and with bv even greater
s-snts because no MAJ can be convicted of crime
az a. an American court except on proof SO strong
"s 70 exclude any reasonable doubt % guilt
blt the question under discussion Is nof one 10
~ ~ decided by philosopi teal inquiries into the order
-s Vie universe The common OF the COM
n.ol people is outraged BY the lnadequacy Of the
ks@ly Tor rape, particularly II II NJ committed