It may be said in reply to these objections: First, that the judge
does not speak in his private capacity, but that he delivers the
judgment of mankind on the doer and the deed, serving as the
mouthpiece of the moral law, so far as it is incorporated in the
human law. We should select the highest characters available for
so exalted a duty, but freedom from even great human infirmity we
cannot expect to find. Again, it is not the judge's business to fix the
degree of moral guilt; that not even the best and wisest of men can
do. The inscrutable fact of the degree of moral guilt eludes all
human insight. Only omniscience could decide who is more guilty
relatively to opportunities, advantages, circumstances; who has
made the braver effort to escape wrongdoing; whether the admired
preacher, or the culprit on his way to the gallows; whether the
President in the White House or the wretch behind the bars. The
office of the judge is to pronounce that crime has been committed,
irrespective of the subtle question of the degree of guilt. Murder
has been done, property has been stolen, the sin and the sinner
wedded together. The office of the judge is to declare the fact of
that infelicitous union, and to pronounce the penalty according to
the law. And this, in particular. The object of the punishment
which the law pronounces is not vindictive chastisement of the
culprit. The object of punishment is purely reformatory. Only it
must not be forgotten that there can be no reformation without
penitence, and no penitence without self-abasement. And this
consists in confessing one's self guilty, admitting that the guilt has
become a part of one's being, and humbling one's pride to the
ground. The public sentence pronounced by the judge, the shame
which he fixes upon the culprit, has, then, for its object to pave the
way toward reformation, to break down the defenses which the
sophistry of wickedness sets up, to compel the man to see himself
as others see him, to force him to realize to the full the evil of his
present state. Not to blast him utterly, not to exclude him forever
from the kindly society of men, but to lead him into the way along
which--if he travel it--he may eventually return, though perhaps
only after many years, to human fellowship. If the verdict is
pronounced in any other spirit, it is false and inhuman. The
methods to be employed to bring about reformation must often be
severe and painful, and one of these methods is shock, shock sharp
and sudden enough to loosen the incrustations of evil habit,
and to shake a wicked nature down to its foundations. The
purpose of the trial of a criminal in a court of justice, and of the
verdict in which the trial culminates, is to supply such a shock, a
searching and terrible experience, yet salutary and indispensable in
order that better things may ensue.
Public-domain text, read in full here on John Shaqi.
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