The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909)Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 47 and 48, January 1909)
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
“As the law is to-day no power can force a witness to go from the State
of Pennsylvania into the adjoining State of New York to testify there
either before a magistrate or a grand or petit jury in a criminal case
other than federal. Consequently it is often the case that criminals
escape punishment and sometimes even prosecution. The punishment of
criminals should not be a local issue.
“Unfortunately the criminal laws are drafted by criminal lawyers, who,
as legislators, are seeking to protect a line of clientage, present and
prospective, rather than their constituents.
“Corporate interests that now possess as many avenues of escape from
regulation that can be made effective only by criminal prosecution, as
there are different State governments, are unwilling to have these
regulations made and enforced by the undivided power and responsibility
of one sovereign law. To them each State government is as a city of
refuge. One of the great questions to-day is whether government shall
control the corporations or the corporations the government.
“It is a deplorable fact that generally throughout this country the
judges presiding in the trials of criminal cases in courts of record are
not sufficiently versed in criminal law. This branch of law is as
thoroughly distinct from civil law as admiralty law is from
ecclesiastical law.
“Judge Taft, in his address on the administration of criminal law, in
June, 1905, before the Yale Law School, called attention to the small
proportion of murderers that were punished. Possibly this is due in a
degree to the lack of courage on the part of jurors. It seems as though
better results are secured in States that have abolished the death
penalty.
“Insanity to-day is usually the moneyed defense. The fact that a rich
man with a homicidal habit can produce experts, apparently respectable,
who will swear that at the time of the commission of the crime he was
insane by reason of a brain storm, but is sane at the time of trial, has
brought such expert testimony into merited contempt and the
administration of criminal law into deserved distrust. The only thing to
do with such a criminal is to keep him under lock and key away from the
stormy stress of free life.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account