Evening star., 1924-09-10

Imprisonment for Life.

Judge Caverly's decision that the
youthful Chicago murderers should
be punished by life Imprisonment and
not by death gives the people Of this
country, with few exceptions, a shock
that may have a serious reaction. His
reasoning may to some extent soften
the feeling that full justice has not
been done. but that feeling will re-
main nevertheless in sufficient force
to evoke expressions inimical to the
prestige of the courts as the agency
for the enforcement of the law.
In perhaps no previous case in all
the records Of crime in this country
has there been so profound public
interest. The youth of the murderers,
the helplessness of their victim, the
abominable nature Of the crime, the
callousness the slayers manifested
upon and after apprehension, the
wealth of the families, the unusual
opportunities these lads enjoyed for
useful, successful development as
members of society, all contributed to
the nationwide concern. The crime
was, moreover. regarded as a symp-
tom of a dangerous condition preva-
lent among the younger members of
American society.
Judge Caverly rules that on ac-
count Of the youth Of the slayers, and
also because of the abnormality Of
their mental condition, they should
not be given the death penalty He
recognizes that plea OF insanity was
not made in their behalf that it could
not be entertained in the face of the
plea of guilty. OF the two factors he
gives the greater weight to youth. He
notes the analyses of mental abnor-
mality conducted by the defense, and
indicates that similar analyses made
of other persons accused Of crime
would probably reveal similar or diff.
ferent abnormalities.' In other words.
crime is a manifestation of an alb
normal state.
The law OF the State Of Illinois per-
mits choice between death and life
Imprisonment in case Of murder in
the first degree. Judge Caverly holds
that the lesser punishment suffices. II
that sentence stands, and no pardon
or parole is granted at some later
board. these young murderers will
suffer worse punishment than death.
But there remains always the DOS
sibility Of a pardon. 1t was that pos.
sibility that inspired the public hope
that for the sake Of other young peo-
pie who are drifting into immortality
and degeneracy this case be marked
as a dreadful warning by the infiic-
tion of the death penalty.
Had there been any sign of remorse
on the part of these lads, any token
of repentance, any indication of real
crime, public feeling would not have
been as harshly condemnatory as it
has been and now remains. But their
bearing has been one of hard-hearted
indifference to the moral considera-
tions. While they were on trial they
were flippant. They enjoyed as mat
ter for their humor the learned dis
courses OF the psychologists hired in
their defense as these expensive ex-
perts told of their mental and moral
shortcomings and faults. Perhaps
that was an evidence Of abnormality
To the people of normal minds it
seemed to be rather a sign of utter
degeneracy.
II, as Judge Caverly says, life i'm
prtsonment will be a severer form of
retribution and expiation for these
two youths, if the thought Of their
hopeless endurance of physical life
within unyielding prison walls, with
no chance Of pardon or parole-which
the court now urges-remains con-
stantly in the minds of the younger
members of American society as a
warning Of the horrible fate that may
result from crime, then this choice Of
punishment may have been the wiser.
In any case. Judge Caverly, however
he has disappointed those who
strongly hoped for the imposition Of
a death sentence as a warning de-
terrent to safeguard against the spread
Of degenerate crimes, has acted in
conscientious discharge of burden
some duty, unswerved by sentiment
and unaffected by evidences of hostile
feeling.
The prayer of the parents of
America is that this crime, which has
brought the deepest sorrow to so
many, may serve its useful purpose
as hideous object lesson to spare
the younger people Of the country
from sin.