The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-02
JUDGE SWAMI SEES PERIL IN
100 MUCH PRISON REFORM

Sessions trying criminal casss
ranging all the way from ordinary
theft UP TO murder. He has watched
with increasing seriousness the devsl-
crment Of wrongdoing And he has
observed carefully the efforts made to
reform criminals. to put convicts on
their feet after they have paid their
debt TO society" He 10 convinced tina,
while much has been done tending
10 ameliorate former conditions, very
much more remains to be done ere
sven q partial solution can be found
TO the question what shall b done
With the convicts?"
There 10 no doubt" he MD. when
Accusing this matter for readers Of
m SUNDAY Sun, ''tha6 the tendency
q he tines 10 to soften the rtgors
q ~ law. How far this tendency
npaid b carried d. In my opinion, Q
gsave problem.
40 enc could feel moro smphat-
,aaily than the necessity for
dan. sanitary. healthfui surrounding
~ ooov,0ssd prisoners while serving
~ terms a Imprisonment. None
Gn1o wish more earnestly for . prac-
~ Uytam which would help such
0nNloes - Vim their wv banlk agAin
~ bsnaA uvslihood and ssif.respeos
- ~ - AsoharUVA from prison,
pen1esoeiasy q jail. Yet an very
~ at n many. many Instances IN
Ops0 q uz1BdisOcteA sympathy epsr-
- - . wrong % the ceaviot and
aOFsaesf VrooU - Socisty - . whole
Vhe M oeGmo TO - passiny away
~ . mAn who commits crfmo mus
~ that ~ y being punished thew
~ an0 en- ~ no means sure that
. osfied q rsstrains within prison
vans 10 sufllcienA for the purpose,
~hm the sffsct q sucn restraint y
greatly iessened By an outpouring Of
Umpathy which makes the convict
th,nk that instead Of being q r~spon.
dbls man who has committed crime
10 ID the victim q circumstances.
environment. conditions a modern life,
and that on suoh conditions should
Be laid the blame for his own wrong
doing.
TOO many women Of deep SYM
pathy and too many tender hearted
men seem to lose their sense Of jus.
tice now and then. being carried
away by what may be termed the
glamour Of crime. To such persons
there appears to b something pic.
'uresque. almost romantic. In the idea
# extending . hand Of helpfulness TO
q man Just out Of prison, or striving
10 get on with suspended or indie.
terminate sentence. His deed. his 81.
plot Of wronEdoing. particularly II Il
involve more than ordinary dash and
daring, provides q curious appeal to
the emotions Of many Of the moro
sympathetic. and they are swayed by
these emotions instead Of being con.
uoiled by their powers Of judgment.
This tendency to pick up the Grim
ina and help him on In every way
rather than to extend as great and a.
prompt assistance to the honest man
who needs equal assistance seems to be
the present vogue. The recoil will
come eventually and the subject will
reach the angle OF repose and event.
ua,ly balance itself. Meanwhile, how
ever We must consider whether the
excess OF sympathy to which reference
"
Instances overbalance the sense Of
punishment. the fear OF future punish
ment IN prison. which undoubtedly
should serve the important purpose OF
acting as a deterrent to crimes con-
'emp!ated by others.
There is no question whatever In
my mind that the teaching Of the
criminal that he IL more sinned
against than SHINING. and that he Is
the product OF social conditions has
a bad influence. 1t weakens the moral
hbre Of the crimnal. 1t makes him
feel that he Ia not responsible for his
own lawless act. II inevitably in
stills in his mind the subtle. vicious
idea that he cannot help doing wrong.
and inculcates the equally dangerous
Idea that there's no use In combating
conditions which surround him.
DO not misunderstand me, please.
] don't suppose for an instant that
the generously inclined. sympathetic
men and women who are doing all
they can to aid convicts imagine that
they are instilling such ideas. But
am Just a. positive that in far too
many cases such dangerous ideas re-
suit from their excess Of sympathy.
-convicts are glorified by scme Of
ne sensational newspapers, as well a.
BY foolish speeches made regarding
them. Through such methods as have
been indicated the doctrine OF non
resistance has been growing; perhaps
subconsciously and without being real
lied, but growing none the less. Now,
the doctrine OF non-resistance taught
by Tolstoy may be applicable to GER
tain localities. TO certain populations
TO certain social conditions; but en-
phatically it Ia not applicable Then
dealing justly with the criminal ele-
ment ~ this great city OF New York.
What does the doctrine involve
right here? Non-resistance to what?
To the warfare OF criminals upon so
Get y- which Is what crime really
amounts to. Is it wise to teac'.. even
indirectly, non-resistance to such war
ldre upon honest people. upon the
homes, the families. the property OF
nose Who are living within the law
and respecting their neighbors' rights?
think not.
Furthermore, such teaching can
not but inculcate in the crimlnaiy in
c'ln"1 the far more dangerous idea Of
hon-resistsnce to their criminal I'M
pulses, ! think we are inclined to &c
Too far in the swing Of the pendulum.
There is no doubt that in past eras
crimes were punished too severely. n'
when men were hanged for 'impls