The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-11-23
Public Discussion
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{: CRIMINALS AND OFFENDERS. .
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| To The News Scimtar:
| May express my appreciation for
| your instructive editorial OF recent
date, IT'S Great to Come Back; Greater
| TO Stay Straight" >,
| There is probably no important sub
| Ject receiving so little constructive con-
| stderatiOn as that pertaining to the
| handling of our penal institutions, their
! inmates during and after inCarCerati ton,
| and our criminal laws and procedure in
| general
That all material beings are created
is an interesting political discovery, but
| can not be applied to the mentlity and
character of the individual But as
sum that at birth all rational beings
| are endowed alike mentally and physi-
| cally environment might radically
change the character of the Individual
and create from similar material man
of intellectual and physical perfection
or a man dwarfed both in body and
in mind.
No two human beings look or think
alike There may be a strong resem-
blance, but there remains certain in
dividual traits or characteristics which
may radically effect the life and ac-
tons of the individual. Nevertheless
we hold all rational beings to the same
degree of responsibility and our laws
are made like a coat of iron and all
men expected to fit the same coat Too
much elasticity in our laws may disturb
our social and commercial balance, but
complete absence of elasticity may
destroy our institutions and the happi-
ness of our people, We confine Az law
Violators to the same institutions and
subject them to the same punishments,
without considering the difference in
the characters of the men and attempt
ing 10 reconstruct the minds and NOR
ais of the individual.
There is nothing subfiormal or I'M
usual about the m1d of the accidental
offender he is usually neither of vi
cous or criminal mentality and
should be subject to rational treatment
that he may regain this place in society
and become an asset rather than a LA
bility.
During the past 20 years we have
made some progress in the handling of
our law violators. but this Improvement
has been nominal and ineffective and
until We gain an intelligent conception
Of crime prevention and reformation,
through the application of scientific
methods and the study and treatment
of the individual offender, we shall be
continuously faced with an increase of
the criminal element and its concom-
liant evils.
There Is a vast difference between the
active student of crminology and pen
ology, and the inactive sentimentalist,
The former is seeking to find method
of crime prevention and sees the Grim
inal mind is mere defective machine
after the individual has become a law
prosecuted social outcost to whom So
ctety has done a great wrong This Is
correct so far as society has contribu-
ted to the diseased mentality, but that
does not permit us to loose upon soci
ETY. the law violator until we are rea-
sonably certain there will be no mental
reaction.
The individual convicted OF his first Of
Tense is, in a number of states, placed
on probation. This suspension of sem
pffnptiVa
than the paroling of the prs
oner after the stigma of prison life has
been fastened upon him. This idea
should be adopted in this state at once, |
and made applicable to all minor Of |
lenses where 1t is obvious the offender |
deserves such consideration. Tennessee |
has adopted an advanced idea in Great |
ing the office of public defender, and |
sc long as that office Is held by a man |
Of more than average ability and char |
lcter 1t will prove much more satisfac- |
tory than the old method of appoint !
ing an attorney from the bench, but |
should the position be held by q mere |
office seeker it will prove more vicious |
and unsatisfactory than the old sys-
tenn. Aside from this single idea Ten
nesee, in the handling of her mental
which includes criminal-defectiVes is |
living in a prehistoric age.
Your local workhouse should be a
mental physical repair shop, a credit
and an asset to the county rather than |
a mere Disagreement. ineffective and |
to the inmates and the pub
lie. 1t could and should be made an
wherein we might treat the
minor offender as an asset to society
'ather than a perpetual burden.
There is one phase of our criminal
ode without merit and to me a vicious
eminder of past ideas. This act pro-
'ides that upon conviction of crime it
hail be a part of the judgment of the
curt that the defendant be Infamous
nd disqualified to give evidence or to
xercise the elective franchise.
This covers all crimes from petit lar
eny to murder, and though this part
f the sentence may be removed in
pen court after certain length of |
ime following release from prison, no |
nan retaining the slightest element of
elf-respeCt will go before a judge, sew
raj years after his release from prison, ,
nd apply for the restoration of his
itizenship. This means undesirable
and the man seeking to bury
he past does not desire Il resurrection
This phase of punishment is a mere
Incentive to perjury. The ignorant do
ot realize its purpose and the intelG-
ent find it a perpetual brand, weak
ming their moral stamina, without ,
Which IL is impossible for the average |
nan to redeem himself. Very truly
ours. H. NJ. COMPARET.