Taking away the liberty of another has only one justification. The great
mass of people in any community must and will act for self-defense. It
needs no fine-spun theories to justify it. Hatred should have nothing to
do with it. The conduct of man in this regard is only like that of the
animal which destroys the one that is inimical to the pack or herd. The
self-protection of the group is the same as the self-protection of the
individual. Both the group and the man will save their lives against a
lunatic or any other menace, regardless of the nature of the menace.
Punishment, in the proper meaning of the term, cannot be justified by
any reasoning. Punishment really means the infliction of pain because
the individual has wilfully transgressed. Its supposed justification is
that somehow the evil done is atoned for, or made good, or balanced if
the author of the evil shall suffer pain. Punishment means that the
suffering by the victim is the end, and it does not mean that any good
will grow out of the suffering. It seems as if the question only needed
to be stated for right-thinking men to deny the validity of punishment.
It may be argued that whether the victim is punished or simply
restrained can make no difference. In this lies the whole difference
between scientific and humane treatment of the unfortunate, and the
vengeful punishments that have always been visited by the strong upon
the helpless and the weak. Society restrains the imbecile, the
dangerously insane, the victims of deadly, contagious diseases. All
these are restrained without any feeling of hatred, but with pity and
understanding. Society does not keep one of these persons under
restraint after he has sufficiently recovered to make it safe to return
him to the community; neither does it release one until he is safe. It
uses the best methods for his treatment that may make him fit to live
with his fellows, and the best efforts to place him in a proper
environment when discharged. Neither does any disgrace nor humiliation
nor handicap attach to the unfortunate when discharged. In a sense, the
attitude of mind held by the group toward the "criminal" is the whole
question. From this everything follows, and without it change or
humanity or hope is not possible.
It is true that insane asylums, homes for the feeble-minded, and
hospitals are not what they should be, nor what they will be some day.
All of this is not due to the attitude of the mind of the public, but is
due to the method of administration which is not within the scope of
this book. If justice and humanity shall ever have to do with the
treatment of the criminal, and if science shall ever be called upon in
this, one of the most serious and painful questions of the ages, it is
necessary, first, that the public shall have a better understanding of
crime and criminals.
III
RESPONSIBILITY FOR CRIME
Public-domain text, read in full here on John Shaqi.
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