Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-12-20
WEAK LAW ENFORCEMENT
SCORED BY JUDGE PAYNE
Red Cross Head, Retired Jurist, Says
Criminal Code Will Stop Crime Wave
if Properly Applied.

a law suit is tried an enemy of the
! law is usually made because some one
has to lose. and losers look at the law
with jaundiced eyes. Way back in
| Grecian history we find one of the
| Seven Sages remarking. laws are
| like spider webs, wherein small flies
are caught and great ones break
| through" Shakespeare says in one
/ place. nov let us hang the lawyers
and then we will have Justice Crit
| cism of the law does not alarm me.
l am only concerned when such criti-
cism is merited. Then we should turn
our attention to reform. Usually
however, reform takes the course of
more laws. We have now too many.
Q. Why is 1t that we have more
crime than any nation in the civilized
| world?
\. If this be true it is because the
laws are not enforced Our theory
that all men are innocent until clear
ly proven guilty is worked to such
an extreme by weak, sympathetic or
incompetent judges and juries that
the chances of conviction have grown
relatively small. The criminal feels
that his chances Of getting off are so
great that he is willing TO take the
chance.
Q. Do YOU believe in severe sen
effectively our crime plague?
A. 1t is not the length of the SEN
tence that shows that justice has been
done, nor is a long sentence a bar
against further crime. Extreme sen
fences provoke public sympathy and
indignation. Public sympathy in turn
affects the judge who is popularity
elected. Judges in consequence so TO
the other extreme of being too soft
Ia taI a,.irl 80,
The essential thing in criminal justice
is not in the length Of the sentence
but that the criminal shall be speedily
tried and certainly punished. No
sentence should ever be imposed that
does not carry on its face the marks
of considerate justice.
Too Sentimental.
G. Are we too sentimental in our
criminal justice today?
y. Yes. decidedly. Our sentimental
ity is not only defeating justice. but
is definitely encouraging the criminal.
If we could ever reach the point
where the laws were enforced and
justice done, crime would be material
ly reduced. Today our sentimentality
toward the criminal is a serious
menace.
Q. Does not this sentimentality
toward the criminal extend to the
prison. as we'll as to the courtroom?
Thanksgiving day for the convicts II
San Quentin Prison, California, was
one big feStivity-a fine dinner. an
athletic meet with gold medals for
the winners, pie eating contests and
what not.
\. Yes. our prisons are affected by
Sentimentality for the criminal. How
ever in our handling of the criminal,
both in the sentence imposed and in
the treatment accorded him in prison.
we must distinguish between Grim
inals. The youth who may be start
ing on d career of crime must be
treated with ttrmness and considera-
ton. He must be given opportunity
to reform his life. Another class are
those who commit crimes under the
influence of passion. They should not
be handled as confirmed criminals.
They, too must feel that there is yet
hope for "A useful future. Lastly
come the professional criminals. They
constitute a class constantly at war
with society. The cases where such
persons are reformed are so rare as
to be negligible. They should accord
ingly be treated as criminals and not
as pampered guests Of the state. If
the hand Of the law could fall heavily
on them a great deal of our crime
would be nipped at it's most fertile
source.
Copyright 1920