Weekly journal-miner., 1922-06-14
THE LAXITIES OF LAW
passing upon applications for clemency

passing upon applications for clenency tol
 condemned criminals, Governor Miller of New York makes some observations that are worthy of note. T am convinced" he declares that iaxity in the administration of the criminal law and uncertainty of the execution of the judgments of the courts directly tend to increase crime. Un- fortunately many are deterred from committing crime only by the fear of punishment, and the executive power must be sparingly exercised to maintain that wholesome respect for the law upon which the security of society depends
 Too frequent exercise ot executive clemency is not the only influence that IS breaking down respect for the law. It frequently happens that society must wait years before the processes of law permit the infliction of a penalty upon mur- derer caught red-handed, and of whose guilt there IS not the slightest doubt Evasons of the plain intent and wording of the law in burglaries and crimes of less degree are of almost daily renee. It is not necessary for guilty individual to make desperate break for liberty to gain his freedom The law itself and devious court pro cesses provide the loopholes through which he has good chance for freedom. All he has to do is to secure the services of an interruptions lawyer cunning enough to detect and make full use of all the means at hand for the defeat of justice.
 Penalties are provided in the criminal law not so much to punish the criminal as to prevent future violations by him and post warning to others similarly inclined of what will happen to them if they do likewise. The penalty is primar- fly the protection of society from crime, rather than the revenge of society upon the criminal af- ter his deed is committed. But the moral effect of the punishment is largely dissipated unless it is inflicted while the nature of the crime is still fresh in the public mind Whatever may be said ill criticism of lynch law 1t has the merit of prompt application. Everybody in the commu- nity knows that death was the penalty for the crime the wretch committed, aid every evil-1nind- ed person knows what he may expect ii he at tempts similar outrage against society,
 Many innocent persons are undoubtedly lynch ed, and none of them is accorded the fair trial that the constitution of the United States guar antees every citizen. Lynch law is institu ton that ought to be suppressed, but it will al ways be with unless the law and the courts cease to be but refuge for the criminal and more the machinery for the prompt and effective dispensaton of justice. In some states of the south, lynching has become habit and mob rule is the accepted order when certain crimes areI committed. In other states the people generally restrain themselves from taking the law into therI own hands, but dissatisfaction with loose crimin- al law and procrastinating courts is with themj just the same
 Public speakers and writers frequently harpI upon the 'crmc wave" that they see sweepingl over the country Statistics apparently sustain their contention that recent years have anI increase in deeds of violence but the wave would o1Cl,1y s1bSde if every official to whom inc DuI- lie has entrusted its protection would take note of the fact emphasized by Governor Miller thatI crime increase is due to "laXity in the administra ton of the criminal law and uncertainty of the execution of the judgments of the courts"