Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900Various
Science
Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900
Various
Science -- Periodicals; Technology -- Periodicals
Penological research is based on an intelligent study of statistics,
and civilized nations, recognizing this fact, have provided elaborate
systems of records based on the suggestions of statistical science.
But with us statistical facilities in the field of crime are not
merely primitive or old-fashioned, but in many cases shamefully
absent. In reply to requests addressed to the Secretaries of State of
various States for official statistics of crimes committed in their
respective jurisdictions, the answers I received were in a number of
cases negative. The officials mentioned replied that no statistics
were published by the State in Illinois, Georgia, New Jersey,
Tennessee, Kentucky, Maryland, Vermont, California, Idaho, Missouri,
South Carolina, Connecticut, Texas, Wisconsin, Nebraska, Mississippi,
Virginia, Colorado, and Kansas. It is true that in some of these
States this lacuna is filled in by special prison reports or reports
of commissioners or of the attorneys-general. But even in these cases,
as well as in those published officially by the State (Ohio, Indiana,
New York, Massachusetts, and Louisiana), the information furnished is a
monument of antiquated methods and of very little value to the student
of criminology. How, then, can we study the grave questions of crime
and criminals without a basis of computation?
It may be true, as some claim, that Continental jurists have refined
the criminal law to an unpractical degree and too much on classic and
theoretic lines, but it will not be claimed that by adhering to an
old-fashioned and obsolete criminal jurisprudence the Anglo-Saxons
are safeguarding their fundamental liberties. That there is something
essentially wrong, or at least antiquated, with our criminal law is
evidenced by the popular discontent against it, which is too widespread
and insistent to be the result of ignorance or sentiment. If there is
inertia as to changes in the law it is probably because, while feeling
that there is something wrong, the people either can not define it or
the conservatism of centuries in this field is unconsciously affecting
their better intentions. Who will deny (and I address this question
to lawyers and judges) that, under our system, guilty men escape and
innocent men suffer in larger numbers than it should be, even allowing
for the defects inherent in all human systems?--that technicalities and
not facts often save scoundrels; that unscrupulous lawyers do not avoid
them, and the best of judges are obliged by legal dogmas to respect
them? Who will deny (and I address this question to sociologists
and penologists) that the penal provisions of our present laws are
inappropriate, inelastic, and unscientific; that they neither prevent
nor reform; and that the basic principle of our penal codes is still
retribution and punishment? Can it be that the right of life, liberty,
and property is becoming a pious fraud? Of course, it is not claimed
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