From the nature of things there can be no justice in punishment. Justice
imposes relation between act and consequence. The judgment of man is
utterly powerless to pass upon the merits or elements of a human soul.
But justice from the state to its citizens imports some ratio between the
rewards, opportunities and punishments meted out to each. As to rewards
and opportunities, the state does nothing except to assist the strong to
despoil the weak. It furnishes no opportunity for its helpless, no chance
for development and life, and gives no rewards for meritorious conduct,
and makes no allowance for resisting temptation from crime. But aside
from all this, within the realm where the state pretends to do justice,
there is no equality meted out between its various members. The code is
unyielding, the positive dead letter of the law is man’s highest and
profoundest judgment as to the conduct of his fellows.
* * * * *
Each human soul is a separate entity, with its own hopes, desires and
fears; some impassive and stolid, some sensitive and shrinking. To be
accused of crime means more to some natures than years of imprisonment to
others. The body is not alone the subject of punishment. Man, with his
tortures and cruelties, seeks to reach the mind even more than the body.
Striped clothes furnish the same warmth as other garments, but to some
the stripes are an ever-consuming flame. To others, properly educated and
hardened by the state, this consciousness does not add to the punishment
involved. One day of forced confinement, or one moment of the indignity
of handcuffs, means more to some than a year of hard labor. The terms
of imprisonment are not the same to all. To some a term, however short,
means the blighting of a life, and the destruction of a family—perchance
a wife and child, a father or a mother, whose sorrow and shame are
greater for being indirect. With a sensitive soul no punishment ends when
the prison gates are opened up. Its consciousness lives as long as life
endures. No day is so bright, and no prospect so pleasing, but the black
shadow is ever present, blighting life, and driving hope and sunshine
from the soul.
Public-domain text, read in full here on John Shaqi.
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