Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-12-11
TOurnal'S
Saturday
Sermon

Z IL Is not assumed when speaking OF
''.The New Penology" that the odd has
passed away. Far from IL. In theory, IN
i spirit. in purpose and in practice, II YET
occupies most OF the territory. Winter
fingers I'm the lap of spring
1 Nor is il TO be understood that the
! new is wholly new. All things modern
retain something ancient, whether the
modern gets into operation by evolution
/ or by revolution.
/ The contrast between the old and the
J new theory and practice Of dealing with
! crime and criminals will be here more
| sharply drawn than appears in our penal
/ institutions. The institutions Of this char
| ncter which we possess were and are. for
/ the most part, an embodiment OF the old
views OF criminology and punishment, and
| all that is embraced in the new doc
trines is never introduced into them at
once. But it is finding entrance in many
| places gradually and in part, and within
I the same prison, under one management,
some of the new principles and meth
DDS are contesting for favor along with
/ some OF the old modes, which conserva-
tism does not yet dare to discard. Sociolo-
gy. OF which penOlOgy is a branch, like
| ali things great, moves forward slowly.
For the sake OF clearness. discussion,
and as helpful to a choice between the
two systems which in some respects are
radically antagonistic. the dividing lines
will in this paper be boldly drawn.
The old penOlogy has as its first purpose
the retaliation OF society upon the crimi-
nal. II must be an eye for an eye, tooth
for tooth. a stripe for stripe AS the
criminal showed no mercy, let no mercy
be extended to him. AS he loved to curse,
let cursing be unto him as a garment,
and for a girdle Such was the teaching
in the Old Testament times, and such Is
1t now by the majority Of the molders OF
tel raF
OF our city papers within a month, writ
ten 70 uphold the old principles Of punish
ment. said, 'Retribution is the first great
principle OF the law. An eye for an eye
and a tooth Ior a tooth. is the basis OF
every criminal statute. The principle was
that to begin with. is now and probably
shall ever continue TO be the same.
The men in the jury box are not called on
TO decide whether the accused is dan
gerous member Of society, but TO say
whether he has done this particular thing
and the Judge on the bench is not to re-
strain him. If for some general reason
he should be restrained, but there 20 take
from him an eye for the eye he has taken,
or tooth for the tooth he has ravished
end OF the law"
The protection of society from the Grim
inal is the second consideration in the old
way Of looking at these matters, and is
best accomplished by the retaliatory
method applied to the violator Of the law.
He is made an example Of suffering, in
ficted by outraged justice, and would-be
criminals are restrained as they behold
HIS fate. The good or the reformation Of
the convict has no place In the old PEN
ology.
In method the old penology puts: First.
The determinate sentence. The law says
that for such an act there shall be such
a penalty inflicted; no matter who COM
mitted the crime; no matter about his
heredity environment, education, color,
previous condition OF servitude. There is
a definite penalty for stated crime and
the penalty is alike for all. IL sane, death,
! imprisonment. whipping or fines, as the
case may be.
Along with the determinate sentence
when IL commits to a term in prison,
J there goes the infiictionsof direful suffer-
/ ing for suffering's sake. Not as bad TO-
day as when in ancient times Draco in
aicted a painful death for every crime, or
when Howard or Mrs. Frye visited the
prison pens OF England and on the con-
I tinent, and into their damp and dark and
/ dirty confines led the angel Of cleanli-
ness. clothing and light OF day. But
l there still remains with us the solitary
I system, or. where the convicts work to-
/ gether, the silent" systematic brother
. to the OK doctrine. in practice, and the
| disclosures OF what is now Transporting
In the prisons OF Spain, in prisons in some
parts OF the United States and in the con-
Wet camps of Georgia. are all illustra-
tons in point.
In theory the old penology. IL it has
or had one, is logically that Of the natural
and total depravity of human nature and
/ fits the old-time Jurisprudence that an
accused person is to be considered guilty
| until he proves himself innocent. The
system was and is a reflection Of that
| old theology which teaches that after
death God, the Creator of all, pasS~s
! sentence Of retaliation upon the sinner;
/ a determinate sentence to an immortal
/ prison, accompanied by unrelieved suf-
fering forever. II that be Jehovah's way
| OF dealing with the fallen In the invisible
world, why should not man initiate the
plan in the world visible? It is the same
logic saying in different language indeed
but still affirming the principle that
Bloody Mary uttered long ago. God Will
| burn them hereafter, shall 1 not burn
them here2' The old penology finds no
responsibility resting on society because
| OF the criminal. and no requirements to
aid in his restoration to ethical sanity.
The new penology has as its first pur-
/ pose what the old puts last, and IL pre-
sents as the second purpose, what the
| old repudiates utterly. The protection of
society from the criminal is the first thing
II man is crazy we place him in con-
fnement, that his family may be safe
| The immediate necessity in the case Of
man afflicted with the smallpox is TO take
! him TO the pest house, that he may not
spread contagion through the community,
as would result If he should roam freely
about So when a crime is committed,
there Is the proof of ethical malady, So
/ ciety is menaced by IL, and the welfare
OF the community requires that the Grim
i tnsl be taken away and securely restrain
i ed from like misdemeanors In the future.
After the safety Of society, there comes
/ the purpose not TO retaliate upon but TO
reform the criminal. The new penology
says society is in part responsible for the
i criminal development in society. While
/ 10 per cent Of crime springs our from her
/ edity, 80 per cent, IL is claimed on high
/ authority, results from environment. So
ciety tolerates the saloon, that chief agent
| for debauching the weak through appetite.
/ 1t does not drive out the brothel, that
/ subtle siren which lures many lives to
Ehipwreck through appeals to sexual pas
sion. II winks at gambling places high
and low, gambling which cultivates the
Il feverish lust for gold. the longing TO get
/ something for nothing. a poison that pol
Il lutes the springs of noble living. It gives
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