New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-02-02
IS HE RIGHT7

punished. He objects to the idea of punish
ing men who commit crimes, according to pre-
cedent.
Of course he offers the alternative O.
hitting at the root of the whole evil and there
by removing the desire to commit crime. Tha
is what all are agreed is the proper solution
Bit for the present, while mankind is work
ing out the problem of reforming the indi
vidual along preventive lines what shall We de
with the individual criminal? Is it not putting
matters up a bit too strongly to the Judge to
ask him to fix the sentence for every mar
brot before him?
In these days when people are inclined
10 criticize judges and courts so severely ever
when they are bound by prescribed rules and
methods of acting in the given class of cases
it would be a wonderful judge who could de-
eide half a dozen cases without facing attacks
under which no man might stand and a recall
petition.
That is putting it up a bit too hard. The
preventive idea is right. No evil was ever kill
ed by killing its fruits only. One must dig
deeper and remove the cause. When civil
%lization has gone far enough to make it pos
Isible for us to work out the answer then of
course our penitentiaries and jails will be-
come useless as such.
In the meantime ON prescribed me-
Ithod of handling every matter according to
what mankind has found to be practical in
the past will stand. No man claims that our
present methods are right. But until some
better scheme is devised let us not cast them
aside.
The whole country is working toward the
goal of giving the criminal a chance. Some
day Our criminal codes are going to look
mighty primitive. But there was a time when
the code of the cave mans club proved more
efficacious than any other. And we are just
on the upward road after all. We are not
so very far removed from our brother in the
cave. If you get to feeling highly develop
ed just remember a few Of. the things which
mankind is doing across the waters.
But the time is coming when we will be
able to approach the idea suggested in the fol-
lowing extract from the Kansas City mans
talk: '.'
"The problem of justice is practically the
problem of dealing with the weakest members
of society. The question ought to be how we
can cure these weaklings. And, failing in
that, how we may best protect society from
he said.
"When we have a person suffering from
a physical disease, we surnmon the best me-
dical advice we can procure. He familiarizes
with the patients history, normal
health, as far as possible, and then what? He
prescribes for the patient, according to his
But what do we do with our moral sl,f-
f@crers. with those afflicted with a moral sick
ness? We always examine the facts. We look
10 tUt ClNlIt anu HOL IC CRIMINAL. ana we
fit our punishment to the crime, and not to
the criminal.
"Our system of justice is one of revenge.
1t is one of precedent. In law the question is
never what is just, what is humane, but what
has been decided? Our system makes hard
ened criminals of weaklings and detectives.
Judge the deed and punish the personali-
ty. We Judge one rotten apple on far-hang-
ing bough, and then cut down the tree.
at has been said man was not made for
he Sabbath, but the Sabbath for man. The
same is true of all human institutions. All
we're made for man. If an institution serves
nan, we'll and good. If it binders and ham,
,ers man, it should be altered or abolished.
The defense Offered for our present system
IF justice is that it protects society. You and
are society. Does our system afford us
protection"
''hhot ua peed &c NOT , lou r,fa "A uy,cae