The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-07-12
Latin America Blazes the Trail

We are wont to regard our n-American neigh
bors to the south as amiable but backward people.
We are their big brothers, commissioned by God to
offer them protection and bring them enlightenment.
II ~Latin-America is somewhat behind us in the
mechanical aspects Of civilization, some Of her states
certainly are as far ahead Of Us in their approach to
the matter Of crime and the handling OF criminals.
We 90 on complacently, if inehectively. with the
eighteenth century notions Of free-win, making the
punishment fit the crime, savage prisons and capital
punishment. Some leading countries
have adopted or are adopting criminal codes which
square thoroughly with scientific criminology and PEN
ology. The new criminal codes of Mexico and Chile
are good examples of this Catching up with science
In Mexico the jury trial is modified seriously, to
get rid Of its characteristic American abuses. The
jury will be made up of technically qualified men.
Once a man is convicted, the work and power of the
court is ended.
The sentence is indeterminate, depending on the
progress Of the criminal toward reformation. There
is no attempt to punish a crime. All effort is con-
centrated on the attempt to treat q criminal in the
light Of his personality and case history, both of which
are studied carefully by an expert staff.
This treatment of the criminal IS in the hands of
a scientifically trained supreme council Of social de-
Tense and prevention. The riminal is not released
until he has given evidence of reformation. Upon.
release he is helped in the difficult problems of read
Justment to normal life. Capital punishment is
abolished.
Equally rational and modern is the new criminal
code Of Chile. The code of Chile adopts essentially
the same principles and procedure as that of Mexico.
Special stress is placed on the broad training of
judges in the criminal courts.
Magistrates Of civil tribunals must know the law;
magistrates of criminal courts in addition must know
psychology and sociology. They must be able to deal
wisely and justly with men, taking as a criterion the
individual himself rather than the statutes. They
must not work by formula.
TO prove guilt, classify it, find in their code the
pre-established penalty for such crime, and then fix
the sentence, is not their task. They must analyze
the appearance of the criminal, his habits, his expert
ence, his physical state. his pathological condition.
The medicine must ut the disease"
Sentences are in-determinate and the criminals are
treated in a system Of well-diferentiated prisons, each
designed to meet the needs of a particular type of
criminal Capital punishment is abolished. A novel
and commendable procedure is the permission to pay
fines by %instaIment.
In case of non-payment. the person is not jailed.
lie is compelled to go to work for the state and his
fines are deducted from his wages.
Both OF these codes square completely with the
tenets OF modern criminal science. We may hope that
be victims Of the usual arrogance toward Latin-Amer-
lean "backwardness.'
They well may direct their glances southwark to
Mexico and Chile. If they we're to do no more than
commend the adoption Of one Of these codes, it
would be we'll worth all the expense and labors of the
committee.