Crime -- United States; Criminals -- United States
Penal law will serve the commonwealth as it should only when it shall have
assured restitution in kind by the thief, up to the reasonable limit.
This, as to immediate restitution of "planted" loot not only; but the
sentence should further amerce to a fine of the unpaid balance, to be
worked out usually in prison by the prisoner and credited to the account
of the party, or parties, he robbed.
If fine in prison working days were not congruous with generous justice,
then the penalty to further amerce to stated monthly payments by the
prisoner on parole, to be held reasonably to his last by the State, or in
lieu thereof, to be re-apprehended and required to pay by compulsion as
stated.
Cases would come up, of course, whereof the exact lettering of law of the
kind could not be executed; but such law could and should be framed so as
to embrace the great bulk of predal offenses, and still carry sufficient
of elasticity to enable committing magistrates to judge and dispose wisely
for the common good.
It will be objected that such legal procedure would visit hardships on the
families of offenders. Unquestionably that would be so in isolated
instances, albeit the bulk of predal felons do not have families, and when
they do, they are frequently a drag on them.
Again, it is, in the end, for the best interests of all concerned, that
the State shall bring the last pressure to bear in order to stop the
thief; particularly, marauding and foraging thieves. And again, the State
could furnish work for the families of prisoners in cases of special
need--and save money.
Through it all, relative distinction should be made as between the purely
circumstantial and habitual thief. Not that social bon-bons should be
tossed to the former; but that very close to even-handed justice should be
meted out to the latter. So much distinctively should be done because
by-choice predal felons always constitute the nucleus of crime and
criminal intent in America.
Isolated cases will not be entirely congruous with any general rule of
penal law; but consideration of the peace and security of the great mass
must go before emotional procedure whatsoever which crosses the curbing of
the gun-hung hound who goes a'riding to kill.
To split hairs of deterrence over confirmed social hyenas, is to furnish
them with the last formula from which to tear things.
At any rate, the most efficient punishment is natural punishment. To make
the thief pay in kind is absolutely the best way by which to discourage
the thief; and shall he have been made to pay for a "dead horse," he shall
have, mayhap, for the first time in his life, absorbed an awakening
respect for the law of consequence. And having got so far, mayhap there
will be hope for him; but not so, so long as society practically furnishes
him grist to grind in such as subterranean "protection," false sentence,
false probatory extensions, and false prison régimes which allow him to
pick and choose, play up and down and under.
Public-domain text, read in full here on John Shaqi.
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