The same truth is now known about crime; but the understanding and the
application of it are just opening upon us. The old and still dominant
thought is, as to cause, that a crime is caused by the inscrutable moral
free will of the human being, doing or not doing the crime, just as it
pleases; absolutely free in advance, at any moment of time, to choose or
not to choose the criminal act, and therefore in itself the sole and
ultimate cause of crime. As to treatment, there still are just two
traditional measures, used in varying doses for all kinds of crime and
all kinds of persons,--jail, or a fine (for death is now employed in
rare cases only). But modern science, here as in medicine, recognizes
that crime also (like disease) has natural causes. It need not be
asserted for one moment that crime is a disease. But it does have
natural causes,--that is, circumstances which work to produce it in a
given case. And as to treatment, modern science recognizes that penal or
remedial treatment cannot possibly be indiscriminate and machine-like,
but must be adapted to the causes, and to the man as affected by those
causes. Common sense and logic alike require, inevitably, that the
moment we predicate a specific cause for an undesirable effect, the
remedial treatment must be specifically adapted to that cause.
Thus the great truth of the present and the future, for criminal
science, is the individualization of penal treatment,--for that man, and
for the cause of that man’s crime.
Now this truth opens up a vast field for re-examination. It means that
we must study all the possible data that can be causes of crime,--the
man’s heredity, the man’s physical and moral make-up, his emotional
temperament, the surroundings of his youth, his present home, and other
conditions,--all the influencing circumstances. And it means that the
effect of different methods of treatment, old or new, for different
kinds of men and of causes, must be studied, experimented, and compared.
Only in this way can accurate knowledge be reached, and new efficient
measures be adopted.
All this has been going on in Europe for forty years past, and in
limited fields in this country. All the branches of science that can
help have been working,--anthropology, medicine, psychology, economics,
sociology, philanthropy, penology. The law alone has abstained. The
science of law is the one to be served by all this. But the public in
general and the legal profession in particular have remained either
ignorant of the entire subject or indifferent to the entire scientific
movement. And this ignorance or indifference has blocked the way to
progress in administration.
Public-domain text, read in full here on John Shaqi.
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