when city councils propose the same penalty for those guilty of
outrages on women; when indignant mobs, in spite of law, and without
trial, burn at the stake offending negroes. If history teaches
anything with an emphasis at once clear and unmistakable, it is that
crime has never yet been abridged by brutal harshness, but has thriven
on it. History also teaches with an emphasis equally clear and
positive, that the spirit of love, manifesting itself in lenience,
compassion, and magnanimity, has constantly justified itself by the
reduction of crime, and the taming of the worst kind of criminal.
Is not this in itself a justification of the spirit of Jesus? Does it
not appear, on the review of nearly two thousand years of history, that
society has attained its greatest happiness and has reached its highest
condition of virtue, precisely in those periods when the gentle ideals
of Jesus have had most sway over human thought and action? And if this
be so, is it possible to doubt that society will only continue to
progress towards happiness and content in the degree that it obeys the
counsels of Jesus, making not force but love the great social dynamic,
which shall control all its operations and guide all its judgments?
It may appear impossible and inexpedient for the human judge to say to
the offender, "Neither do I condemn thee; go, sin no more"; but it is
very clear that the opposite course does by no means lead to a
cessation of sin. For what is the total result of all our punishments
in the name of law but the manufacture of criminals? According to our
theory of punishment a jail should be a seminary of virtue and
reformation. Men submitted to its discipline should come out new
creatures, cured of every tendency to crime. On the contrary, in nine
cases out of ten, they come out a thousandfold worse than they went in.
If this is not the case, it is because some Christian influence, not
included in our legal system, has reached them. But such influences
reach very few. The influences that operate in the great majority of
cases are wholly demoralizing. Those who enter a jail with genuine
intentions of reform speedily discover that they are not expected to
reform. They are branded indelibly. They are exposed to the
corruption of associates a hundredfold worse than themselves. They
leave the jail with every avenue of honest industry closed to them,
every man's hand against them, and no career possible to them but a
life of crime. When we consider these things we have little cause to
congratulate ourselves upon the results of our systems of justice.
Even a general amnesty towards every form of crime could scarcely
produce results more deplorable. Fantastic as it may appear, yet it
seems not improbable that the abolition of the jail and of all penal
law, might produce benefits for humanity such as centuries of
punishment on crime have wholly failed to produce.
Public-domain text, read in full here on John Shaqi.
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