Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-09
The Remedy for Lawlessness

AVhuISAdIiOtl Ol TIE present methods
| of dealing with offenders against the
laws OF the country by Mr.. George W.
Wlckersham, chairman of the Law En-
forcement Commission, in the course of
an address before the American Law
Institute, does not advance solution of
the problem that is now causing grave
troubles in the United States. II is
rather self-evident that the process of
administering. the laws and furnishing
those who break them is not effective.
If efficiency Is measured by the preya-
| lence of crime. The question of real
| Importance is what is to be done in cure
OF the conditions. Perhaps the COM
mission OF which MIR. Wickersham is
the head will in the course of time pre-
sent specific recommendations looking
to changes in the judicial system, or in
the laws, or in the punitive measures
and practices in vogue.
Obviously, judging from the frequency
of prison riots, revolts and tragedies. the
penal system is inadequate. The equip
ment is plainly insufficient. The meas
ures of discipline are not effective.
Does the remedy for that condition lie
in the provision of larger jails and
penitentiaries, or in more eficient and
dependable administration, or in a less
ening of the number of inmates through
the exercise Of greater leniency in the
imposition of penalties?
Or, to approach the matter from
another angle, does the remedy for the
prevalent lawlessness lie in a modifica-
ton Of the penal statutes, in the re-
duction Of felonies to misdemeanors or
the abatement altogether of penalties
for attractions of certain laws? In
other words, does the remedy lie In
fewer crimes" by change of definition?
Study Of the records of crime in this
country, as far as records are available,
leads to the conclusion that the laws
as they stand are not enforced in terms
OF even the minimum punishments in a
great percentage Of cases. What with
ordinary delays due to court con-
gestion, to delays due to the shrewd
maneuvering Of counsel who, though
in theory officers of the court, are
in fact in great many cases
active agents for the defeat of the law,
with mistrials occasioned by lapses in
language, or by technicalities. or by the
stupidity and incompetence of jurors,
many felons in fact escape being felons
In law and the suffering of penalties.
The percentage of convictions and pun
lshments for the crime of murder in
New York City, for example, is esti-
mated at less than twenty-five. per cent.
Again, shall the definitions be
changed, shall the scale Of felonies be
amended in the interest of greater
leniency of treatment in the almost rare
event Of conviction? Or shall the prac-
tees OF the courts be amended to insure
speedier trials and surer punishments.
ana shall the prisons be increased and
enlarged and administered so that those
Who have forfeited their liberty shall be
treated in accordance with their Of
lenses and with regard for their pos
slole reformation and eventual reunion
with society as docile, law-abiding citi-
zens?
Perhaps the iteration of denunciations
OF the present condition will serve to
ADVANCE the reform that must come about,
IN laws. in practices and in penal meth
ods. The country must be aroused to a
realization that through indifference, or
ignorance. or stubborn prejudice against
cnange 1t is failing to maintain the
standard of civilized society in respect
to the public security.