New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-28
An Open Forum
CAPITAL PUNISHMENT AND CRIME
Miss Miholland Thinks Governor Whit
mans View Is One-Sided.
To the Editor Of The Tribune.

To the Editor of The Tribune.
Sir: | should like, with your permission,
20 correct few inaccuracies that appeared
in your interview with me on the subject
Of capital punishment in your issue OF Feo-
ruary 20.
These inaccuracies were not the fault OF
the interviewer; they were of the KIND that
inevitably occur in the hurried exchange OF
ideas between two people, unless thOSe
ideas are reduced 70 writing.
Perhaps the chief fault with the inter-
view from my point Of view lies in its tone,
which is condemnatory throughout.
Now condemnation, per sc, seems 70 me
the attitude of the mentally lazy or neon
petent. Analysis, as distinguished from
condemnation, produces more understand
ing and more sympathy.
Now. in this interview appear to be en-
gagged in wholesale condemnation OF Gov
ernor Whitmans stand on the question OF
capital punishment-a cheap and intolera-
Bile position for me in which to find my
self
don't suppose Governor Whitman loses
any sleep worrying about my attitude tow
ard him, but for the sake OF my own self
respect | should like to put mysel
straight.
In this particular instance condemnation
Of man whom I verify believe to have
done his duty as he saw it, up to the hit,
merely because he happens TO disagree with
me is worse than unphlosophlc.
Therefore, what | tried to do was rather
to understand the reasons leading up to
Governor Whtmans point of view, and If
POSSIBLE to explain away those reasons and
so change the point OF view.
Now, he has himself repeatedly referred
to his experience as District Attorney as
iustifying him in his conclusion that CAPT
tai punishment acts as deterrent OF crime
To me il appears that il is his very expert
encc in the District Attorneys office that
binders him from passing completed and
Unbiased judgment on the question.
The duties of District Attorney bring a
man in contact with criminals, II is true,
but only in a specialized form of contact -
the contact, too often, of the hunter and
the hunted. The District Attorney is not
supposed to be a social investigator, or a
student Of the causes of crime. He is not
brought, of necessity, into contact with the
conditions that produce the criminal; he
approaches the offender merely as gun
isher Of crime, and that fact raises up az
the very of-go a barrier between himself
and the so-cslled criminal. That means
that he has even a more difficult way to go
than has the layman to get into a position
where he can view the act condemned from
the point Of view of the perpetrator Yet
IN order TO understand all the complicated
motives, more than half Of which the Grim
inal himself does not understand, which go
to produce a given crime, he must be able
to do exactly this. And all this understands
ing should occur before he pronounce
judgment, or comes 20 conclusion as to
the proper treatment OF the wrOngdoer.
believe il was Governor Whitman
very experiences as District Attorney his
very thorough discharge Of his duties -
which make him less qualified rather than
more to pass judgment on this question.
For this process of fitting the law year
after year on a given set of criminal circum-
stances, and exacting the penalty in every
case, develops inevitably a certain habit OF
mind that is the very opposite OF the habit
OF suspended judgment required OF your
true SOciologist-the only person really
qualified to point the path TO reform A
District Attorney grows not to question
I the righteousness of the system he has
been elected to administer, and his point
Of view with regard TO the handling OF the
problem OF crime comes to be bounded by
his particular activities IN connection with
IT. crime occurs; the perpetrator must
be found; the legal machinArv cot n mo-
ton; the penalty exacted; the idea OF ques-
/ tioning he righteousness OF the penalty
/ occurs to him less and less as his duties
/ become habits.
/ Now. the man who would pass judgment
oUs the methods Of treating criminals must
have an entirely different mental makeup.
He must not have Il specialized point OF
view, and he must be a qualified student OF
/ all the causes sociological. psychological
| physiological 90 to make Up a crimi-
nal act before he is entitled to judge.
These qualifications Governor Whitman
very honestly does not pretend to. All that
! he lays claim to as foundation for his
| conclusions about capital punishment is his
experience as District Attorney; and
though his experience is unquestionably OF
/ value, it must be taken in conjunction with
the experiences Of other experts.
4 Governor Whitman believes that capital