The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-01-26
Liberal Viewpoint
by DIR. HARRY ELMER BARNES

THE all-prevalept and almost historical dis
i cussion of the crime problem in the United
States is in direct proportion to our lack of
well planned and thoroughly organized program
to combat it.
| We have the knowledge but we do not put
it into use. Much Of our present day criminal
| Jurisprudence is mutually contradictory and
works at cross purposes Further, we fail to stick
to any definite policy long enough to know what
the result might turn out to be in the long run
The situation has been admirably summarized
| by one Of our most enlightened and successful
American judges Joseph N Ulman of BaIti-
more, who discusses The Chaos in Criminal
Justice" in the American Mercury:
THE criminal law, and especially the
mechanisms for the treatment of convicted Of
social impulses varying from time to time both
in nature and intensity the result is a painless
and often self-contradctory whole.
Eighteenth century insistence upon the
rights of the individual has combined with
Nineteenth Century sentimentality and Twen-
tieth Century hardheadedness to produce rules
of law under which q skilful criminal lawyer can
block effective prosecution.
The police have invented the third-degree
to break through the legal rules In some states
capital punishment has been abolished; every
where it seems to have fallen into disfavor, yet
mobS Of lynchers give effective expression to
another social philosophy.
Judges impose sentences to long terms in
prison; parole boards listen to the pleas OF the
sentimental or to the demands of politicians,
and turn dangerous prisoners loose to prey upon
society.
"XKTE justify imprisonment on the theory that
w it is intended to reform the prisoner
rather than to punish him; and then we put
him on Welfare Island to school him in de-
pravty
1--WE talk about the deterrent effect Of pun
Il oOti vic
lures we exhibit the criminal as romantic
figure
ct is thus easy to understand why GRIMM
ology is still a step-child among the social SCI
ences, and why the word penologist is used often
as a term Of reproach.
"Todav we are in danger of gearing the
machinery of criminal justice too high, OF recon-
structing the whole apparatus to the pattern
required for its exceptional operation.
Tomorrow, by the same token, the pendulum
may swing the other way ana 100 sou SenCl-
mentality may take the place Of todayS harsh
ness Successive waves of legal theory ana
public sentiment have advanced and receded,
leaving behind them what we please to call our
system of criminal justice.
LAS might be expected, it is not system but
a hodgepodge Meanwhile crime and GRIMM
atty have grown to nonstrous proportions
The remedy for chaos in the field OF crlml-
noogv as we'll as in economics, is OBVIOUS
planned program, and Judge Ulman intelligently
outlines what we must do to rea4lze SuCn
THE first step is to repudiate once and Tor
i all the prepoSterous present day corner
stone of criminal justice, namely that we can
arbitrarily fit a punishment to the crime
Rather we must work upon the fundamental
doctrine of seeking treatment which Will lit
the individual criminal:
eve forget that for every one dangerous
gangster in our criminal courts we lind there
10 Or perhaps 20 social misfits, in need of help
and guidance rather than Of punishment"
Every field of knowledge that bears upon
crime-medicine, psychology, social science, So
cal work and the laW-muSt contribute It's quota,
and there must be leaders with sufficiently
broad point of view so that they can fuse this
varied knowledge and wisdom in such manner
as to avoid narrow mindedness or perpetual BIAS
Particularly must we make wider use OF pro-
baton which is far better adapted to the needs
of the majority accused of crime than IS the
| prison.
And once we have formulated comprehen-
sive and rational program, we must STICK TO IL
long enough to give it a chance to work:
1T is high time to attack the monster, not by
high words or in a high temper but WIN
high resolve to think, and study and plan, pc
fore we act When we do act, we must act fully
and fearlessly, upon a foundation of complete
knowledge, and free from bias and preJudlce.
Then and only then can we hope to create al
effective system of criminal justice"