New-York tribune., 1902-07-19
JUSTICE TO CRIMINALS.
CHARLTON T.. LEWIS CONDEMNS PENAL
LAWS NOW IN PRACTICE.

a striking appeal for reform Of existing penal
codes made by Charlton T Lewis, president of
the New-York State Prison Association. in ad-
dress yesterday before the Summer School in
Philanthropic Work, conducted by the Charity
Organization Society. Mr.. Lews's subject was
The Principles Underlying the Problem of Crime.
He said that the traditional methods by which
governments now deal with crime in all civilized
countries have proved a complete failure. He
sketched the development Of the savage and venge-
ful codes which prevailed late the beginning
Of the nineteenth century, when less than lie
offences still named by Great Britain as pun
ishabe with death, and traced their modification
by the growth OF more humanitarian spirit.
The central fact Of the history of penal law,
said he lis that the present of prisons for
called punishment is not founded upon principle,
but simply accident of convenience. No
one devised them method for the treat
ment OF criminals. Sentences to terms of imprison-
ment in them developed from their mere utility in
holding prisoners awaiting trial CT execution
Penal law attempts define each offence and
give it name. Burglary consists of such and such
acts, each of which has TO be proved TO substanti-
ate guilt. Guilt, far the penal law is con-
cerned is measured this scale. Yet the objects
treated by the penal law not crimes, but GRIM
;nals. If you knew all about the particular act of
the man accused. you might know nothing of the
degree of his guilt in committing that act. For
that you would have 10 know his character and his
past acts. yet special care is taken by the common
law TO shut out all such evidence would show
these things. The jury has nothing TO say but
Guilty Not guilty and between those two
utterances a world of human merit and demerit
may lie.
'In apportionng punishment for guilt there is
greater inconsistency. There are no two States in
al the States of the Union which have an approx
NATION or a partial resemblance in the degrees of
guilt they attach TO different offences. In Ten
a certain offence sends to fourteen
times the Imprisonment the same offence would
sentence him to in New York In another offence
Z rh= of lines he
Imprisonment possible under the laws of Tennessee
The pretence that justice is meted out by the penal
law is laughed TO scorn by glance. You have but
look at the sentences inflicted by the different
judges of this city for similar offences to how
far its administration in State attains its ends
The term of imprisonment which is fixed for par
ticular convict depends far more upon the temper
and digestion of the judge than upon considera-
lions Of vital justice 1t is inconceivable that
impose upon the judiciary such task
What is the effect upon the criminal himself?
Before every bench come two casses-the hardened
criminal. whose life is a protest end with
society, and the young woman who has
yielded TO impulse in unwary moment and
whose repentance may have been instant, and the
publicity of whose act may he greater pun
ishment than the court itself can infiict.
These two classes are dealt with impartially-
that is. indifferentIy; both committed perhaps
criminal is confirmed in his warfare against So
cety Why have we shut him up! , LOT Tetana- re- ana
lection TO society: what an absurdityi Would you
shut UP tiger for three days at a time and then
turn him out? Would you confne smallpox pa
tient for week? At the same time you say that
.Cciety is safe with him. you say that he must
20 free in ten days ten years. There's nothing
in the of the penalty that tends TO protect
society after that period. The whole system Is
preposterous.
What IS the effect upon the younger man OF
conviction, confinement, disgrace? The criminal
class in the United States to-day consists almost
entirely of those who have been made permanent
criminals by this system-perverted, crusned down
by being thrown into the society OF criminals. we
establish not ony common schools for the educa-
our children. but special schools Tor ualn-
ing criminals, and these work day in and day OUT
year In and year out, turning out new classes 10
war society. s -, ..
possible training for life known among men C1I,
1inenent Is no preparation for freedom exclustoh
fr I'm society training for Industrial main main
10 conine a until IL Is clearly the last resui
until IN is clear that society is not safe with MN
free Our second principle is 20 then lmprlsoaa a
him until he proves that he is fit TO be free anu
gives promise of being independent; seli-sutP- up
porting citizen. amenable to the law. rms Is uLe
principle OF the indeterminate sentence-the corner
stone Of penal law reform. For the hrst i 9neiiioeI
there IS the device. capable OF INFINITE ue'eIoP-
Inent of probation officers TO watch over thsiI
and determine the safety of their freedofn; ior
those who are released, the parole system afois
such as are able support themselves. Inc olis
consideration which should be taken INTO
IS. What Is best for the man and Tor society :
That must be done