But, beyond this, we may point to three reforms as an instance of
the positive and reasonable guarantees of the individual against
the abuse or the defects of <p 153>social authority. Of these
reforms two have been put forward by the classical school also,
but, like criminal lunatic asylums, alternatives for short terms
of imprisonment, and so on, they have generally remained
inoperative, for they are not in harmony with the bulk of
traditional theory, and only in a positive system have they any
organic and efficacious connection with the data of criminal
sociology. I refer to the exercise of popular opinion, the
correction of judicial mistakes, and the transfer of sundry
punishable offences to the category of civil contraventions.
The institution of a Ministry of Justice corresponds to the
demands of general sociology, which exacts division of labour even
in collective organisms, and to those of criminal sociology, which
requires a special and distinct organ for the social function of
defence against crime. Indeed it has become indispensable as a
necessary judicial organ, even in nations like England which have
not yet formally established it. So that, far from confounding
the Public Prosecutor with the judicial body, we see the necessity
of giving to this office a more elevated character and a distinct
personality, with ampler guarantees of independence of the
executive power.
Nevertheless the action of the Ministry of Justice, as now
commonly organised, may be inadequate for the protection of the
victims of crime, either indirectly through the insufficient
number of its functionaries, or directly, through the functional
defect insisted on by M. Gneist, ``party spirit or prejudice in
favour of the governing powers.'' The latter, indeed,
notwith<p 154>standing M. Glaser's objection that government
pressure is impossible, have no need to give special instructions,
of a more or less compromising character, in order to exercise a
special influence in any particular case. There is no necessity
for anything beyond the conservative spirit natural to every
institution of the State, or the principle of authority which is a
special form of it, apart from the less respectable motives of
interested subservience to such as are in office and dispense
promotion.
Hence it will be useful, in initiating criminal proceedings, to
add to the action of a Public Prosecutor (but not to substitute
for him) the action of private persons.
Criminal proceedings by citizens may take two forms, according as
they are put in operation only by the injured person or by any
individual.
Public-domain text, read in full here on John Shaqi.
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