The Waterbury Democrat., 1932-10-17
Stoeckel Advocates
Separate Offenses
Would Prescribe Separate Form Of Trial for Wilfu
and NOn-Wifu Offenders

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operator wherever. either by neg
lect or by disobedience of rules or
laws, he has failed to grant ordi-
nary care for the safety Of Others,
or where, by his own action, he
the functions of driving IN q rea-
sonabIe manner. In the first CLASH
fication, one example might be the
operator who performs fancy driv-
ing fir his own amusement and edi-
fication when and where he knows
that to do so will put others in
danger. In the second, the drinker
who even when well within his
capacity for other actions which in
volve only himself, has possibly
taken enough to have his operating
conduct effected.
"Still o third type Of criminal
offense, rare but nevertheless ex-
listing. includes the person who
loses his self-control, whether de-
liberately or on account of hyster-
Ia or fear. He It is who, by cum
ming design or while under the in
f1uence Of helpless terror. runs
away to escape the consequence of
his acts.
But the most diligent and dis
eliminating judgment on the part
of every officer, prosecutor and
Judge, should always be exercised
before 1t Is determined just and
fair to brand any offender as one
Of & criminal class. Usually when
broad public sentiment expresses 1t,
there will be no doubt. After all. a
criminal Is one who Is beyond the
pale; meaning, one whose miscon-
duct Is condemned by public senti-
ment as o crime. In the final analy-
sis, this is the test: is the offense
one which the public rates as a
crime? If so, then there Is warrant
for punishment severe enough to
deter from Its commission for fear
Of the consequences.
ION this test automobile crimes
seem to be limited In number. Ger
inly driving while under the in
fiuence Of liquor, evasion Of respon-
sibility. and wilful reckless driving
must be SO rated. Why not then
have punishment for them and let
1t be administered with such sever
ity that recurrence is not likely?
But even in the judgment of the
three officials who are usually ac-.
tors In any automobile prosecution,
tuc DOiICculdH, thC ptOSCC0IOit 0hu
the Judge, let mercy and under
standing temper judgment when
there is doubt Of the facts. or when
extenuating circumstances exist.
"And now comes one who Is not
at intentional offender at all. who
walks in the best of paths Of life,
Inspiring and teaching others. In
every way he Is a man and q pillar
Of society, but no one has taught
him much about the dangers of the
streets and roads. He has had to
learn what he knows about this by
experience. He IL a good man but
poor automobile driver (even pos
sibly on account of an exaggerated
virtue). Then he has bump. He
wasn't looking, or didn't figure
right, or was little slow In his
reactions.
"Shall we push him? Surely be-
fore we do we must inquire as to
whether, In the light of what he
has done or failed to do 1t might
not be better to help that mind OF
his by teaching. or at least by call
Ing to his attention the characters
tics he ceems to lack or with which
he Is ,over-supplied. This man Is
not a criminal, even II the law says
he Is, as IL does, because no has no
badness In him. What he has done
IL to make q mistake and he must
be SO treated, with firmness how
ever. and his future driving con-
duct possibly limited. He surely
must net make the mistake again,
either that or any other In Its class
or category for It Ia too costly to
others.
I'm order TO avoid any misunder- |
standing MS to the whole subject II
may be we'll to say that In those
cases which arc criminal there
should BIO a suspension OF license
case. There should DO power on the
determined by law an In now the
part OF the licensing authority to
investigate and study the serious.
ness OF every offenso on the test OF
fitness.
at has not been In contempla-
tIon In this discussion that any
greater discretion OF any sort
should be vested In u state Official.
Nor In II intended that tho state
authority shall set up anything In
the nature Of n state court IN now
exists IN some other states.
should be made possible for mn I'M
Intentional offender 20 secure
uulet aud unoslentAtlouH deter.