Evening star., 1928-02-12

| DufHlk ttie idSt Sedi tIlItc cAtitLnely
| horrible murders committed in as many
widely separated sections Of the country.
| and the fact that one Of the States does
not provide the death penalty. that. one
Of them condemns first degree murderers
| to death by hanging, that the third
Furnishes with death by electrocution,
| and that In the last case a woman
| together with a man was sentenced TO
death and suffered her punishment. has
brought the subject OF capital punish
ment TO the fore again.
Perhaps there has never been time
when proponents Of each side OF the
question were so sure CT the truth and
justice of the cause they are pleading.
| In the United States there Is no code
| requiring the death penalty which
applies alike TO all States and posses
sions. The Federal Code providing capi-
tai punishment for murder. rape and
| treason applies 10 crimes which are
committed On Government reservations
or property Each State. Territory and
possession has Its own laws which pro-
vide penalties for various crimes I'M
mediately after the putting TO death OF
| the two sashWeight murderers In Me-
York. a bill was introduced In the
Legislature OF that Stata to abolish the
death penalty It was reported ad-
| versely. however. by the unanimous vote
OF the committee TO which 1t was
| referred
II Is impossible 10 question motives.
| premeditation. degree OF murder. ex-
| tenuating circumstances. the social
background OF the crime or the respon-
sibility Of society In being sd organized
| that there are murdercrs. because such
| reasoning leads TO that dangerous fitting
ground Of individualism as against
| organized society.
But taking simply the fact that one
human being deprivcs another of life
and that society must determine what
TO do with the murderer. there are
two major arguments on which those
for and against the death penalty base
their reasoning There are the Mosaic
law OF IAN eye for an eye" and the
value OF capital punishment as de-
| terrent. The first rests on the prin-
cip!e that II a man kills ne must pay
for It In like coin. and the second on
the value of taking life In order to
prevent like crimes.
Arguments on both Sides.
Many persons believe that II man
SO forgets himself that he takes the
life of another he must forfeit his
| own as the only price he can pay COM
| mensurate with his crime. Depriving
him of life. like taking an eye for an
eye. Is justified on the ground that he
pays the debt he has contracted to
society and that II Is the removal Of
o public menace. II Is argued also that
death II the only sure penalty, because
frequently men are released from life
Imprisonment after good behavior and
| after the public has forgotten the VIC
tim It Is then not SO deeply eon"
cerned with the aerioiancaS and hor-
rlblenehs of the crime, and is easily
prevailed upon To feel sympathy for
the man who apparently is reformed
and has spent time deprived Of uni
| veraaliy loved freedom In addition. It
In contended that society should not
be hurdened with the support OF such
characters
Others believe that the command
ment. Thou shalt not KIN" applies to
group Of people organized AS State
just AZ surely IN u applies to the In"
dividual and that the state Is not
justified In doing what II condemns In
persona. They urge that death In not
the greatest punishment. but that life
| Of confinement and separation from
busy. friendly. normal existence. added
10 reflection and rem0rse. is fur more
of All sxpiati0n, Most of thia group
qualify their statements with the be-
lief that pardons should be given only
In the event that the condemned Ii
found To be innocent. and that life
prlsoners for murder should by some
| syaten be made not only self-a,lpport~
| ing. hut contributors 10 their victims
| families. They claim that society must
tn organized on higher plane and
| opefatr under higher morality and
ldeaia than the sinner who sins
Al usual. the same statistics are used
10 prove both sides of tho case con-
oefnlnE the value of capital punishs
ihsnt as dstsrrent, especially since
tin criminal statistics of the United
| bthtes are admittedly Inadequate
Those who bslieve that capital pun
ishmeht preVenta murder claim that
only tile fear Of death instilla n regard
| for human lie In the hearts af men
| who XIII. that the knowledge that death
| awaits him stays the hand NJ the man
| who lnsnh his temper or feeln that he
| Ii Justified IN such violence. Just as II
restraints The professional bad mat
Oppoitents of this thaory declare that
| tie man who ktlta IN u rage. or IN great
| atrrhs Ut circumstance. dnen nut think
| nj the panaiiy aud that The nrufsa~
sloiai bad man knows that II Ii harder
| 10 get II conviction wheu the penalty
VI death may be incurred
swift and sure renaity Urged
There h developing u aehooi Of erin
innloay which pI0mn4es the Theory that
u Ii the sWiftnesa and s,lrensss nf The
punishment rather than the aevstlts
that acts aa n deterrent,
J Those who claim that II la better ta
have all guilty nuideletA imprisoned