The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1910-05-26

Whether crime is caused by
heredity. environment or just
happens" is a much-mooted ques.
tion. The potency Of heredlty as
a causal factor of crime Is doubt
full to the casual observer, who il
of the opinion that all depends on
environment. But "atavism." or
the tendency of nature ito return
to type" has come to be recog-
nized generally by scientists and
historical and anthropological re-
search undoubtedly prove It's ex-
istence.
AS the criminal stands at the
bar and receives his sentence, i'm.
muring him behind the prison
walls. little is known of his past.
even less is learned of his future
by the world at large. The aver
age OF mankind may know one or
two or possibly three criminals,
but In all probability does not
know the pedigree" of even one
or them. Looking backward. we
md that we have outgrown the
friends OF our youth whose "pedi.
gree or ancestry we did know.
and so cannot trace them further.
Thus II follows that whether he.
redity tends to criminality cannot
De ascertained by everyday or
common experience. There seems
no doubt. however, that II can be
determined by statistical research.
Formerly the theory of the
criminal law was retribution-an
eye for an eye. a tooth for tooth;
he who has sinned must be pun
ished. But the advancement Of
scientific knowledge has fur.
nished the foundation for a new
system of penology, which has. at
least upon the statute books. taken
the place of the old. The trend of
the law for many years has been
toward the amelioration OF punish
ment and largely because the na-
ture OF the criminal is better un.
derstood and II is felt that he is
one who needs not so much pun.
fshment as proper instruction; and.
moreover. because II Is now bell
purpose and intent OF our criminal
to cure the criminal Of his crimil
and to restore him to righteous liy
Under the old theory of "respor
ever or whatever sinned was deem
for II and subject to punishment n,
die ages even animals were tried
Invertebrates. also, were not exem,
cution. Havelock Ellis tells us I'm q
that In 1854 the bishop of Lauz,
legal proceedings against the leec
Tested the water at Berne. The
before the judges at Berne. the
properly represented A leech was
brought mo the presence Of the !
leeches. present and absent, were WI
don the spots they had the temer
three full days being allowed then
and guardian was appointed to wa
interests and take means for the
court. The bishop gained his ca
leeches having successfully resists
OF the court the bishop finally los
and mathematical them.
Formerly. insanity. even with Il
responsibility. was no defense to {
1889 insanity seems 20 have been
the French law. although the seven
rule prescribed that no one in the S
cate fury" should be punished. I
ever. proved Of little avail. RESP,
since received close attention an
through the persistent efforts Of IN
its field has steadily enlarged.
says responsibility supposes that
could have acted differently from I
tually did act" in sense respon
that man suffers the consequence
Man becomes responsible because
ciety. Society has the right to dt
serve itself. II recognizes the nee
ing the criminal and preventing his
and II exercises It's right so to do.
The progressive feature Of the a
has been to determine not only '
was committed. but whether he VIII,
was OF such an understanding as
punishable therefor and amenable
treatment. Many OF the worlds &
have studied this problem, but the |
attempt to minister TO the crimina
sessed OF a devil" or mind diseas
in the state OF New York. when I
State Reformatory at Elmira was C
the inmates are kept under the stI
tai and physical discipline; mental
Turkish baths are applied togethe
sane mind In sound body. They O
honesty Is the best policy" the OF
pays from the practical. worldly
The results have been surprising
only about 20 per cent. the friends
tuition claim. OF the felons therein
having returned TO ways OF crime.
Punishment for crime had its
innate sayagery OF the human ra