I am convinced that man is not a creature of infinite possibilities. I
am by no means sure that he has not run his race and reached, if not
passed, the zenith of his power. I have no idea that every evil can be
cured; that all trouble can be banished; that every maladjustment can be
corrected or that the millennium can be reached now and here or any time
or anywhere. I am not even convinced that the race can substantially
improve. Perhaps here and there society can be made to run a little more
smoothly; perhaps some of the chief frictions incident to life may be
avoided; perhaps we can develop a little higher social order; perhaps we
may get rid of some of the cruelty incident to social organization. But
how?
To start with: it seems to me to be clear that there is really no such
thing as crime, as the word is generally understood. Every activity of
man should come under the head of "behavior." In studying crime we are
merely investigating a certain kind of human behavior. Man acts in
response to outside stimuli. How he acts depends on the nature,
strength, and inherent character of the machine and the habits, customs,
inhibitions and experiences that environment gives him. Man is in no
sense the maker of himself and has no more power than any other machine
to escape the law of cause and effect. He does as he must. Therefore,
there is no such thing as moral responsibility in the sense in which
this expression is ordinarily used. Punishment as something inflicted
for the purpose of giving pain is cruelty and vengeance and nothing
else. Whatever should be done to the criminal, if we have humanity and
imagination, we must feel sympathy for him and consider his best good
along with that of all the rest of the members of the society whose
welfare is our concern.
While punishment cannot be defended, still self-defense is inherent in
both individuals and society and, without arguing its justification, no
one can imagine a society that will not assert it and act for its
defense. This will be true regardless of whether the given society is
worth preserving or not. Inherent in all life and organization is the
impulse of self-preservation. Those members of society who are
sufficiently "anti-social" from the standpoint of the time and place
will not be tolerated unduly to disturb the rest. These, in certain
instances, will be destroyed or deprived of their power to harm. If
society has a right attitude toward the subject, if it has imagination
and sympathy and understanding, it will isolate these victims, not in
anger but in pity, solely for the protection of the whole. Some there
are who ask what difference it makes whether it is called punishment or
not. I think that the attitude of society toward the criminal makes the
whole difference, and any improvement is out of the question until this
attitude influences and controls the whole treatment of the question of
crime and punishment.
Public-domain text, read in full here on John Shaqi.
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