New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-14
CRIME AND PUNISHMENT
Certainty, Not Severity, of Pen
atty Necessary, Says Judge.

That the fear of punishment Is the great
est force against crime. with the coroiiary
that the states treatment of lawbreakers
should be directed toward the end OF max
ing punishment certain, is the central lcea
OF an article by Judge William N Gemrniil,
of the Municipal Court Of Chicago. III The
Journal of the American Institute OF Crirni-
nal Law and Criminology." Judge Gemmill
does not advocate severe punishmentS, ana
seems to be Of the opinion that they are
wrong for most offences. But he does ad-
vocate certainty of punishment and makes
an interesting argument in favor of it,
SAYS THE Chicago Record-Herald' in
review and summary of his article
At the outset Of his article Judge Gem
mill considers briefly crime from soclolog-
zeal point Of view. He tells US that There
are no criminal classes. The differences be-
tween the virtues and vices of men are dif-
ferences of degree only No man Is all
virtuous. none all vicious. All men are both
virtuous and vicious. What is il that makes
one man more virtuous or vicious than an
other? Some men are impelled to 90 right
by reason of a controlling conscience which
will not permit of offence toward any man
Others refrain from violating the law by
reason of fear that their property will be
taken as a forfeit for the laws violation;
but by far the greater number Of men and
women obey the law because they fear the
disgrace and the punishments which the
law provides for those VINO violate it.
Drawing indictments against classes
Judge Gemmill considers foolish pas
time" There are burglars" he says.
who are models in all other respects min
listers who are degenerates, lawyers VINO
defraud their clients, doctors who deceive
their patients, bankers who speculate with
their depositors' money. butchers who sell
tainted meat and bakers who sell fourteen
ounces for a pound" In support of this
proposition he even asserts that 'it was
the fear of hell that made John Bunyan,
Martin Luther and Charles Wesley preach
ers of faith. The same fear has started
millions upon the road to Heaven
In the Harrison street police court, the
judge says there are four to eight shoplift-
ers every day. Most Of them are women
who have respectable, happy homes, but
have yielded to the temptation to steal
something they could not buy. Not one Of
such women has ever been sent to prison
from my court" says the writer. and he
proceeds: There are professional shop
lifters. Some kindly disposed persons call
same as that Of the professional pickpocket
and their treatment should be Of the same
character.
It is not true says Judge Gemmill that |
criminals are punished out of revenge for |
the wrong done to society or the individual |
Almost every inducement is offered to one |
who has made a false step to retrace his |
step" he writes. I'm doing this, however. |
punishment of some sort has been found |
to be the most eff1caciouS remedy / am |
convinced however. that severe punish |
ment neither tends to reformation nor TO !
strongly deter others from the commission !
of crime. Criminal statistics prove beyond |
any question that capital punishment for /
murder has not lessened the crime of muir |
der. nor has brutal treatment for any !
ri tod tn hl
crime On this point he further says: |
Criminal statistics clearly prove that !
crimes have increased or decreased JUST in |
proportion that the punishments therefor |
have been swift and certain"
Certan crimes are on the increase. &C !
no fewer than five hundred profes sionaI /
he writes. If the crmuolo-
gists could examine their heads they might /
be taken for bank clerks. They are of the 1
best dressed and best looking young fell |
lows in the city. They travel in groups I
of three and four: they haunt the crowds /
and ply their calling with skill scarcely |
equalled in any other profession They hire !
their lawyer by the year and send him a |
Christmas present at Christmas time. Their |
number is constantly increasing Why? |
Because they know they have nine chances
out of ten to escape punishment. Seldom |
pocketbooks before they have made good !
their escape" The courts are powerless to /
do anything against even persons known !
to live by pocket picking in the absence OF I
PEELED to resort to the extreme measure Of
arresting and locking up every known pick /
pocket in the city during some extraordi- |
nary gathering.
Judge Genmll expresses the opinion that |
the criminal law Of this state should be /
amended SO as TO include within the pur- !
view of the confidence game the smooth |
and cunning church hypocrite who daily |
allows his church or lodge brother TO SIT |
in OH the ground floor by selling him !
shares of gold mining stock in |
a so. 200 600 gold mine that never had a |
ground floor He il somewhat scornful !
Of the possibilities OF reform through edu- (
ca tional influences. asserting that the pun /
istments prescribed by the criminal code I
are greater preventtves OF crime and /
wrCngdojnE than all the churches. school /
houses and reform organizations in the .
la and For the drunk problem Judge .
GemmtlI confesses he has no solution. after :
having given IL much study The Juvenile .
court he CommendS doing good work .
toward preventing the development of .
81 injnals, and he favors a parole law for ,
a certain class or first Offenders :