The transgression of organized society in the treatment of crime would
not be so great if students and scientists had not long since found the
cause of crime. It would be hard to name a single man among all the men
of Europe and America who have given their time and thought to the
solution of this problem, who has not come to the conclusion that crime
has a natural origin, and that the criminal for the most part is the
victim of heredity and environment. These students have pointed the way
for the treatment of the disease, and yet organized government that
spends its millions on prosecutions, reformatories, jails,
penitentiaries and the like, has scarcely raised its hand or spent a
dollar to remove the cause of a disease that brings misery and despair
to millions and threatens the destruction of all social organization! To
the teaching of the student and the recommendations of the humane the
mob answers back: "Give us more victims, bigger jails, stronger prisons,
more scaffolds!"
Not only has the constant multiplication of penal laws helped without
avail to fill jails, but the failure to repeal laws that are outgrown
does its part. As already stated, there are many anti-social and
annoying things that can be done without violating the law. This, no
doubt, is responsible for some of the general statutes like that aimed
at the confidence game that catches a victim when the crime is not
clearly defined as in "robbery," "burglary," "larceny" and the like.
Still it has been the general opinion of those who have studied crime
and influenced the passage of penal laws, that criminal statutes should
be clear and explicit so that all would know what they must not do. It
is obvious that if one is to be punished simply for doing wrong, there
could be no judges or juries or jailers condemning and punishing and no
crowds shouting for vengeance. All do wrong and do it over and over
again, and day by day. It is not only those specific things that the
great majority think are wrong, but the graver offenses that are meant
to be the subject of criminal codes. Of course, codes do not work out
this way in practice. In effect, they forbid the things that the
strongest forces of the community wish forbidden, things which may or
may not be the gravest and most anti-social acts, but which at least
seem to the strong to be most hostile to their interests and ruling
emotions.
XIX
MEDICAL EXPERTS
Public-domain text, read in full here on John Shaqi.
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