The mirror. (Stillwater, Minn.) 1894-1925, 1914-06-04
make life in civilized community


desirable.
The purpose, the end and the
result of criminal prosecutions in
the past and of most, criminal pro-
secutions today has been and is
vengeance But vengeance is senti-
mental; its root is a feelin. of hate
"a feeling that every philosopher
and religious teacher condemns.
Hate and love have no place in
business or government and when
either twists Justice, it turns the
blind goddess into a devil and
defeats the very purpose of her ex-
istence. Yet it is undeniably fact
that hate has had much to do with
the shaping and administration of
our criminal laws. 1t may be that
they have been failures because this
is so.
And they have failed to accom-
plish their purpose, at least in this
state. for whatever the object of "a
crimial prosecution in particular
case, the purpose of criminal laws
and of criminal prosecutions as
whole is to decrease and 80 far as
possible prevent crime, and yet,
though prosecutions have been SO
vigorous and effective that our pris-
ons are overcrowded, crime has in
creased and the number of criminals
at large. who have escaped punish
ment, is greater in proportion to
our population than it has ever been
before.
There are some features of the
administration of criminal law pc
culiar to New York. or more pre-
valent here than elsewhere that may
account for this.
Punishment or Reformation?
Criminal justice must work to-
wards one of two ends: The elimi-
nation of the criminal or his refor-
nation; it must be either destructive
or constructive. In days of old it
was frankly destructive. The man
convicted of felony. be the offense
serious or trivial, was at one time
almost without exception hanged.
Punishment then was swift. certain,
complete and merciful-merciful be-
cause the criminal was spared the
lingering agony of slow punishment.
Today the avowed purpose is to re-
form the criminal. but, especially in
this state-in this state as in no
other Christian state-it is in its
effects destructive and in very many
cases, because almost endless. cruel.
The cruelty is not to be found in
the prisons but, in the length of the
sentences imposed.
OF the l ,421 men confined in Sing
Sing Prison on September 30, 1912
Excluding Il condemned to death,
9 doing life terms and 124 whose
sentences were 20 years to life), the
average determinate sentences of
258 were 1901 years and the average
indeterminate sentences of LAB
were minimum, 5.795 years and
maximum, S.498 years. There were
on that day in the state prisons of
New York (again excluding those
sentenced to Imprisonment for life,
or twenty or any greater number of
years to life, and also those who
were both fined and imprisoned }
632 men whose minimum or deter
inmate sentence was ten years or
more, 200 with such sentences of
fifteen or more years and 124 men
with such sentences of 20 years or
upwards. There sentences of IS, SO,
80. 40, Al aud AZ years, and one of
life and one 26 years.
Makes Life Hopeless
Such sentences make life hopeless.
When, if ever, they end, the man is
so handicapped by age, loss of
initiative, the alienation of friends
and relatives and the physical
deterioration always inseparable
from prolonged imprisonment that
unless he is man of more than
ordinary strength of character, there
is little chance of his making good.
We do not criticise the courts for
imposing such sentences. 1t may
be that in the light of such facts as
were presented to them, they were
justified in every instance, but, the
fact remains that they are destruc-
tive and cruel justly cruel possibly,
but cruel nevertheless.
The question, however, is not
whether they were just, merciful, or
cruel, but whether they accomplish
their purpose. Do they decrease
and prevent crime? May it not be
that such sentences account, to some
extent at least. for the fact that
approximately one-half of the meu
in the New York state prisons are