The Republican. [volume] (Oakland, Md.) 1877-current, 1932-03-03


either the Germans or the English are
essentially more law-abiding than the
people of the United States. Nor do
| concur with the conclusions of some
critics of our civilization who affirm
that we as people are naturally
| lawless.
And 1 refuse to give assent to the
theory recently advanced by one of
our outstanding historians, that ours
is a lawless heritage. But do believe
with most persons who have studied
the crime problem that we are dis
tinctly apathetic concerning its solu-
! ton.
To be sure, we have made super
fetal attempts to understand the prob
lem. For example, we have intro
duced in some of our prisons advanced
methods of treating criminals contend
there. For instance, in New York
State we have instituted species of
self-government in selected State
prisons.
We have had mutual welfare
leagues, by which presumably the
convict is to be taught how to adjust
himself to living outside by partici-
pating in the government of himself
while in prison. We have created a
parole system based on the theory
that if we hold out to an imprisoned
criminal the hope that by good con-
duct he will be able to reduce his
maximum sentence not only will he be
amenable to prison discipline but also
grateful for the consideration re-
ceived.
One grave objection has been raised
to the assumptions upon which the
parole system is based. 1t is this:
That the most notorious desperadoes
on the outside frequently are the
most orderly prisoners.
There is a motto among the real,
hardened criminals, and it is this:
"You can't beat the system"-mean-
ing to say that it is better to adjust
oneself to the rigors of prison life and
thereby win comparatively early re-
lease than be unruly and intractable.
We have in the State of New York a
probation system based on the idea
that the accidental offender should not
be sent to prison at all but should be
placed under the supervision of pro-
baton officer, whose duty it will be
to so advise and guide the offender
that he will naver again come in con-
tact with the law. In certain parts
of the State where it has been highly
developed, the probation system con-
cededly has been of some value.
In any event, probation has no ap-
plication whatsoever to second, third,
and fourth felony offenders. 1t is
from their ranks that the majority Of
our vicious criminals is drawn.
We have sought here in the State
of New York to solve the problem
raised by the modern bandit and his
ilk by the enactment of most string
net legislation-the so-called Baumes
laws. We have increased the penal
ties for the commission of offenses
while armed and for the possession of
dangerous weapons. We have raised
the penalties for second, third, and
fourth offenders, even providing that
the habitual criminal shall be incar-
cerated for life.
But despite these attempts to con-
troll the crime problem, concededly
we have made slight impression. The
bandit is still with US, and the ranks
of the confirmed criminals are being
swelled daily. Our State prisons are
crowded to capacity.
For my own part believe the only
approach to a solution of the crime
problem bearing promise of imme-
date results is that which contem-
plates the enactment of basic and far
reaching reforms in the penal law
and in the code of criminal procedure.
%#*
When 1 asked, "Why is organized
crime of the racketeering type prac-
tically unknown in England?" I do
not hesitate to answer: Primarily be-
cause English justice is swift and GER
tain.
The English people as whole, am
sure, are inherently no more law
abiding than our own. But this they
know: That he who commits crime
in that country stands better than an
average chance of paying the penalty
attaching thereto.
Jusice there is expeditions because
the English have long since reformed
their penal code, removing therefrom
archaism with which it formerly was
cluttered. Many of these same archa-
isms still persist in the code of crimi-
nal procendurs of the State of New
York which has it's origin in the Eng
lish common law.
! In England, for example, if de-
| PENDANT refuses to take the stand in