The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-10-15

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pay for an offense Is no criterion from
which TO Judge what another mar
should paw for a similar oftense un.
J less all the conditions are the same
third, because there are some person.
convicted Of crime who should by roa.
son OF the nature OF the crime they
committed or the imposslbility OF re.
formation, and for the good OF society
| be Isolated indefinitely and possibly
| for life.
The average criminal Is an un.
known man To the grand Jurors who
! indicted him, to the county attorneS
who prosecuted him, To the jurors bS
whose verdict he was found guilty ano
| the Judge who pronounced the sea-
| tence AZ . rule the only facts re-
ycalcd by the trial arc those connect.
ed with the commission Of the partic-
| ular offcnse with when he is charg
cd; no judge however learned, how
ever Just, however honest, can tel
how long the average man should bC
confined in ordcS TO accomplish any
one OF the objects OF the iniiction OF
| the penalties of the law as stated
above.
Makes Plea for lenieney.
The man before the judge anJ
jury is presumed to be innocent, q
entitled to that presumption until hC
has exhausted All the means provided
! by law TO prevent his final convic-
ton No judge when he pronounces
sentence ON the prisoner has right
To demand of the prisoner that h.
shall reveal himself and his history
for the reason that these are steps
which may yet be taken that may re-
suit i'm his acauittal: 10 compel tn,
prisoner to disclose his history anu
| thereby give evidence against him.
self would be not only contrary t.
law, but great injustice How ear
the sentencing judge know or guess
whether three or thirty years Is what
the prisoner before him for sentence
should receive ia order To accomplish
his reformation or deter him from,
repeating or deter others from com
hitting crime? How can the sentenc.
ing Judge know whether the prisoner
before him is "A repeater Of a first
offender?
No man can determine how much
punishment should DE visited ON hiS
fellow man as punishment for his Of
Tense. AS said above. there is pun
ishmcEt inflicted in the enforcing oi
these penalties to prevent repetition, T.
deter others and became d willing
observer Of the law. Such punish
mcnt iphcres ia the enforcing of these
penalties for the accomplishment OF
the other object. The Almighty alone
has a right to punish for punishment
sake.
Sentence BY Second Tribunal.
9TH" courts Of the land should. after
giving To an accused man all reason
able safeguards in the investigation
of the charge OF crime against him,
determine his guilt and then sentence
Linn 10 imprisonment, without limit as
to time, and then leave il to another
tribunal To- determine when he has
been sufficiently punished, when he
has served long enough 10 IMPRESS on
others the seriousness of the oftcnse
and operate 10 deter others, when IT
will probably b. safe 70 society 20 re-
lease him. 10 keep him in custody in
definitely such as by their conduct
have forfeited all right TO associate
with their fellows and such others as
do not give satisfactory evidence Of
repentance and reformation. The
keeping of a IMAM i'm custody for life
Is not necessarily punishment. 1t is
the state protecting itself from the
evil influence of a man who has prov
en- himself 4 menace to il. and in
wnom there is no such hope of rcfor-
nation as would justify his release
among his fellows.
There are men in all prisons who
have only moral whopping cough. 9TH
ere the measles. scarlet fever iiph-
thcria. tuberculosis. Ieprosy, ana
neither patient nor society will he
benefited by parCiing out the moral
lcpcr. Those suffering from the minor
trouble should as soon, as they have
given evidence Of recovery and been
incarcerated long enough to impress
them with the seriousness If their
offcnse and e. operate To deter others
from ike ofrensrs, be allowed their
liberty under safeguards which will
rs best w can guard against rel3pse5.
While such as do not should. IA ~ the
case Of physical and mental dcrauge-
rient. Ice kept in charge of the state
ana isolated from their fellows"
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