Evening star., 1955-06-12

ed from the statutes.
death. These offenSeS studied by the
Law Institute definitely are crimes
against society as whole because
they undermine the social order.
When many persons engage in such
practices, the fabric of society is
weakened"
These comments seem represent
tative not only of the views OF reli-
gious organizations generally, but
of many educational and philan-
thropic groups as well.
Hence it is becoming clear that
the controversy goes directly to the
very heart of criminal law con-
cepts.
The 'MinimoF Stondord
The legal profession today ap-
pears to lean toward the early
"minimal code" theory of criminal
law. In essence, the idea here is
that criminal law should define
certain acts which are considered
to be disruptive of public order and
bad for the community, and that
no person may flout this "minimal"
standard without being punished.
1t refutes the notion that criminal
law should concern itself with posi-
lively enforcing a good or moral life
above the "minimal" level. This.
it holds, is a function better per-
formed by the home, the church
and the school.
A contradictory theory has been
that the law should itself provide
incentives for leading highly
ethical life in conformance with an
accepted moral standard This view
developed during the later Middle
Ages, flourishing under the mon
arches and ecclesiastical govern
ments. While it is not now widely
prevalent in the United States.
many State criminal codes contain
prohibitions that relate to private
morality. In addition to the sex
crimes under discussion, suicide is
a good example. In fact, suicide is
probably the only offenSe for which
the criminal may be prosecuted
only when his attempted crime is
unsuccessful.
Whether or not sponsors of the
new ALI penal code are aware Of it.
they are apt to run into additional
opposition from other professions,
including the psychiatrists.
Psychiotrist Objects
DR.. Addison M. Duvall, acting
superintendent of st. Elizabeths
Hospital here, is one of those who
signals a "go-slow" on removing
sodomy from the criminal codes.
"At the very least" DR.. Duvall
cautions, extensive studies should
be made from the psychological and
psychiatric point of view to find out
what might happen if these crimes
are abolished"
DR.. Duvall inclineS toward the
idea that if the legal barrier is re-
moved, certain psychological bar
rier also will disappear, and with it
will vanish the deterrent now keep
ing many people from drifting into
perverted sexual practices. He
points out that homosexuality, for
example, is often an acquired habit
and that the legal stigma currently
attaching to it is sufficient to pre-
vent some people from becoming
addicted.
In regard to adultery and forni-
cation, DR.. Duvall would also hesi-
tate In loosening the legal code. He
cites several small European states
as examples of countries without
our legal limitations on sexual
promiscuity. I'm these areas it is
not uncommon to find man es-
corting his wife to the lying-in
hospital one day and taking his
mistress there the next" The
thought is that while small, homo
geneous nations may be able to
handle this sort of thing. the social
problems resulting from similar at
titudes in America might be quite
another matter.
Legol Support Likely
In the final analysis, however, it
appears that considerable seq
ment Of the legal profession will
lend support to this highly con-
fSAx io1 owl If Sc
penal code. These are the men and
women who feel that the incidence
of adultery and sodomy is not much
greater today than normal popu-
lation increase and shifting living
conditions can account for.
Admitting that American atti-
tudes toward sex have relaxed in
recent years, these people do not
believe the law can or should try
to influence them. They disagree
with Federal Judge John J. Parker
of Richmond, Va, when he says that
certain things must be denounced
by the criminal code merely "in
order that society may know that
the State disapproves :" They are
inclined to remember the verse at
tributed to Thomas Moore, the 10Th
century Irish poet:
I find the doctors and the Sdges
Haze difer'd In all climes and
ages,
And tho in ftty scarce agree
On tDhut is pure morality.
If We can't agree on the goal,
these lawyers inquire, how can we
legislate method of reaching it?