The Monmouth inquirer. [volume] (Freehold, N.J.) 1865-1933, 1906-08-30
THE DEATH PENALTY.
Evolution of Punishment to Which
Forty States stiII Hold.

The death penalty as a feature of
the penal code is undergoing a process
of evolution which, judging from exist
ing tendencies and those which have
characterized the worlds Jurisprudence
during the past fifty years, must re-
suit in its complete extinction. 1t now
exists in forty states of the American
Union
In the investigation Of this subject
the writer caused Inquiries to be ad-
dressed to the attorney generals Of
these forty states, asking their opinion
as to whether capital punishment tend
ed to diminish capital crime
Eighteen of the forty declined TO ex-
press an opinion. Only sixteen of the
attorney generals of states which in
fiict the death penalty declared them
selves as clearly of the opinion that
capital punishment does tend to di-
minish capital crime. Two of the forty
were positive in their conviction that
the death penalty does not tend to di-
ninish capital crimes and stated their
opinion that the death penalty should
be abolished, while four of the forty
gave qualified answers.
In the five states Of Kansas, Maine
Michigan. Rhode Island and Wiscon-
sin, where capital punishment does not
exist, the attorney generals have noted
no increase In capital crime since the
abolition Of the death penalty and gen
orally express themselves as salts
fled with the conditions existing in
their respective states. In Michigan,
Wisconsin and Rhode Island capital
punishment was abolished over fifty
years ago and has not since been re-
enacted. Though nominally prescribed
by law in Kansas, the death penalty
can be executed in that state only upon
the governors warrant and the Kan
sas governors have persistently de-
clined to issue a death warrant, the
condemned persons meanwhile remain
ing in prison In five other states
where the death penalty exists the
trial juries have power u commute
it to life Imprisonment.
The right of the state 10 take the life
of citizen has always been aua
doubtless must remain ah academic
question. although. concedlng tie
soundness of the doctrine of consent
of the governed as the ultimate basis
of governmental authority. it must be
admitted that one cannot be morally
held to contract whereby he con
sents that another may take his life
In our civil Jurisprudence no man can
give another the right to do him bodily
injury. Such contracts are always void
as against public policy But the case
against capital punishment is made
when il is shown that it is unneces
sary. 1t is coming TO be understood
that the majority of human beings do
not refrain from the commission OF
capital crimes merely through fear Of
being hanged. Every person who com
mits a capital crime knows that in
states maintaining capital punishment
the death penalty is affixed to that
crime From a personal study of more
than 1000 cases | am convinced that
most crimes are committed by persons
who either a. expect to escape al pun
ishment, or ~ who, upon the spur OF
the moment, are regardless Of all pun
ishment, or 81 who are governed by
cosmic, social or Individual factors
which render the prospect Of punish
ment imperative as deterrent
agency at the time Of the commission
Of the crime-Harpers Weekly