This has added to the criminal code and has increased the number of men
in prisons. Two statutes of recent date in most of the states are
responsible for a very large increase in the number of convicts. The
conspiracy statute which is used today is a deliberate scheme on the
part of prosecutors to get men into the penitentiary by charging an
agreement or confederation of two or more persons to do something,
which, if really committed, would be a misdemeanor, or no crime
whatever. Under this charge, whether made specifically or in connection
with another crime, the rules of evidence have been opened and relaxed
until the wildest and most remote hearsay is freely admitted for the
plain purpose of convicting men who have really been guilty of no
specific act. It is in effect punishing one for his thoughts; the
business of the court or jury being to find out whether in some
particular he has an evil mind.
The statute forbidding the use of the "confidence game" in obtaining
property sends to prison a constant stream of persons who, until a few
years ago, would have been guilty of no crime. This law, as interpreted
by the courts, really means the procuring of money by dishonest means.
Under this statute the court and jury hear the evidence and say whether
the means charged are dishonest or not. This, of course, leaves the law
so that the temporarily prevailing power, perhaps only the prosecuting
attorney, may send men to prison who take means of getting money that
are not practiced or at least advocated by the ones who procure the
passage and enforcement of the law.
Numberless ways used by the strong to get money are considered dishonest
by a large class of men and women: exaggerated and lying advertisements,
forestalling the markets, the acts and wiles of the professional
salesman, misrepresenting goods and other methods that could never be
catalogued because new ways are constantly coming to light. The logical
end of all these indefinite and uncertain laws is to pass one statute
providing that whoever does wrong shall be imprisoned, _et cetera, et
cetera_. The law never can specify all the ways of doing wrong and many
of the meanest and most annoying things have never been, and from the
nature of things never can be, prohibited by the statutes. No man is a
good citizen, a good neighbor, a good friend, or a good man just because
he obeys the law. The intrinsic worth is determined mainly by the
intrinsic make-up.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account