Evening star., 1929-06-27
To the Editor of The sts.:

To the Editor of The Sts.:
I have read with interest the remarks
of one Mr.. Hooper relative to capital
punishment. While his letter will have
no widespread effect and my reply VIII
be equally futile, yet cannot let his
remarks go unchallenged. Some un-
thinking person may have a bad idea
confirmed.
Drawing solely upon legal and court
experience acquired in the last sew
eral years, can think of any number
of reasons for the assertion that capi-
tai punishment is utterly futile and
wholly without merit as a remedy, or
curative of criminal conditions.
1t has not been crime deterrent
and it never will be. You cannot strike
fear into the heart of man who fears
nothing A murderer cares no more
for his life than for that of his victim.
He is not q sensitive creature. Life
and death mean nothing to him, not
even when his own life is at stake.
He is too ignorant, too dull to under
stand. If it were not SO, he would not
kill. Furthermore, crime, law breaking
and indifference to authority is a con-
stant social factor; as constant as the
rising and setting of the sun. It can be
controlled, but it cannot be eradicated.
1t occurs to me, further, that capital
punishment provides defense attorneys
with any number of arguments for ac-
quitals, inspires them to use every pos
sible loophole and technicality in their
clients behalf, and renders veniremen
reluctant to serve on jury sitting in
judgment over the fate of a criminal
subject to such law. Thus are trials
delayed and judicial process retarded.
ic tn INo nj
the average man does not want to take
the responsibility of sending another to
his grave. But does it change the
character of his act if the average
man acts collectively with his fellows
hiding behind the cloak of what we
might call society?
Moreover, there is always present the
likelihood of executing wholly inno-
cent person in place of the real mur-
derer. Such instances, while not COM
mon, have occurred, and 1 say that any
law wherein such tragic and un-
pardonable possibility turks in the dark
recesses of its provisions is totally de-
void of any merit. Even though it
may send 500 men to their deaths, is
1t right that one out Of this number
should die without ever having COM
mitted crime?
For the sake Of space, have omit
ted going into detail, but I firmly be-
lieve the weight of reason is behind
the arguments against capital punish
ment. In general, I would emphasize
that it Is wrong in principle and direct
ly opposed to civilized standards. 1t is
the unintelligent way of dealing with a
situation demanding intelligent RENE
dies applied in the light of present-day
standards. Capital punishment is the
outgrowth of the base passion for re-
venge, encouraged and developed by a
basely passionate world thousands OF
years ago.
Either we must admit we are not
sufficiently advanced intellectually tc
properly treat criminals, or admit that
this barbaric, heartless and stupid
method, developed and used in the
dark ages by an ignorant, impulsive and
passionate world, still is proper and
intelligent treatment for criminals.
It is true, murderer Is not entitled
to the benefits of our society. He has
proven his inability to live with us, but
| whether he should die is not for us tc
say. I maintain that life and death
are peculiarly within the jurisdiction o1
God, and 1t cannot be said God is act
ing on the criminal, through us. If We
deliberately plan and provide for hi:
death. Is this not collective murder
| Is not society the murderer of the crim-
| inal2 JAMES A. TAWNEY.