The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-01
Stating That All At
tempts to Make the
Jail Lead to Reform
Will Continue to Fail,
Author Outlines What,
in His Opinion, h the
Only Method By and
Through Which So
ciety's Prodigal Brother
Can Be Regenerated
IHAT would you advise to check
! lawbreaking? A good prac-
teal answer to that question
xnns,1I a.. III ,.ts,..I

AA/ lawbreaking? A good prac-
w tical answer to that question
would save civilized humanity
great many millions Of dollars every
year.
The old answer was ''jair' for minor
cases and death Of the others. There
was much to I've urged in favor Of the
latter. Dead men not only tell no tales
hut they commit no crimes. Kill all
criminals and crime would cease The
device has been tried-it was tried in
England for while-but the result
was disappointing. II threatened to
decimate the population and In spite of
logic II failed to discourage lawbrealxers.
Criminals seemed to get used to being
hanged and drawn and quartered; they
no longer minded 1t. There IL psyche
logical reason for that. no doubt. though
II Is not 80 sure that psychology as
understood and practised to-day can
md out what II IL.
Moreover the spy system. which al
ways accompanies and thrives upon
severe legislation, became so produce
tive Of infOrmations that II was soon
clear that the end would be the in
dictment not 30 much Of a tenth part
Of the population as Of all but tenth
or even more. So compromise was
made; only murderers should be killed.
That did not lessen the number of
murders and seems rather to have in
creased them. for the impulse to murder
IL commonly a very strong impulse,
producing q brain condition in which
consequences are not weighed. Also
when the community takes life for life
II appears to weaken the general respect
for life and men can be hired to do
a killing job for small sums. Senti-
mental persons too insist on making
heroes Of convicted murderers, which
In degree perhaps counteracts the de-
pressing conditions surrounding them.
So we made another compromise.
This Is not on the statute books. but
II operates actively nevertheless. II
Is the development Of the appeal in
dustry among lawyers for the defence.
II will teach you to respect human
life." says the Judge. ''by depriving you
Of your own"
Don't worry. my boy" says the cul.
prit's counsel. patting him on the back.
you'll die some time. suppose, but
nothing Is more certain than that 1t
won't be on the day set for your eXecu-
ton by his Honor. And I'll risk my
reputation on your death being no less
in the ordinary course OF nature than
his Honor's. and very like-for he looks
like q diabetes patient-not 30 soon."
These anticipations often prove well
grounded. No one in the court room
therefore Is often more cheerful and
confident than 10 the prisoner doomed
to the moose or the chair. Besides, II
all else fails he may petition for pardon
or for life imprisonment.
In short the death penalty stays on
the statute books. but the community
does not want It, though 1t has not the
courage to demand its abolition outright.
1t forfeits its self-respect and the muir
derer draws the inference that 1t is
safer to murder than to steal. A thor
Oughbred man does not compromise: he
does one thing or he does the other.
retains his self-respect and commands
that OF his fellows. whether or not he
he successful" This nation is not
thoroughbred as regards its laws and
In neither self-respecting nor respected.
However. there Is agitation for the
abolition Of the death penalty; and pos
sibly the futility and absurdity Of such
. punishment may finally strike the
persons whom We have picked out as
the wisest and ablest among us. and
have put In our Legislatures to tell us
what to do and not to do. Absurd
though legal killings may be, they are
not so absurd as the persuasion that
death is the worst thing that can happen
to man. 1t involves little or no suffer-
Ing and Is over in moment. ImprisOn-
ment involves much suffering and lasts
long. not to speak Of the disgrace Of II
IN those who can feel disgrace The
serious feature about killing Is that II
Is ANAL for this state Of being, and when
we do 1t we do we know not what
But that is for the community to con-
slider. not the victim.
We cannot know what death means.
but we can and do know what imprison-
ment means, and so far as our mortal
senses can tell us 1t is worse than death.