The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
“Punishment in some form is still necessary to prevent crime. This is
especially the case,” he added, “in a community and at a time when
divers economic forces are struggling with each other for the mastery
in the state, and where laws are enacted through the influence of
one class or classes to control the action of another class who are
unwilling to accept them as rules of action, because unconvinced of the
wisdom or justice of the legislative policy which they embody. Yet a
consideration of the nature of social organization will demonstrate the
absolute necessity of all classes of society conforming to requirements
prescribed by the duly constituted authorities--however wise or unwise
those regulations may appear to those whose conduct is sought to be
controlled by them. But within its constitutional scope the acts of the
legislature stand until repealed as the mandate of organized society,
and the continued effectiveness of organized society requires that
obedience to such laws be compelled.”
The attorney-general lengthily discussed the broad question of
punishment for crime and the administration of the federal parole law.
Modern penal legislation, he said, is based on a recognition of the
expediency of endeavoring to reform the criminal, and so great a stress
has been laid on that feature in dealing with criminals, that “we
sometimes forget that in order that punishment may act as a deterrent
upon others it must appear as a badge of disgrace, and not simply the
bestowal of benevolence.”
Mr. Wickersham favored the extension of the parole law to include life
prisoners. He regarded as an incongruity that prisoners sentenced to
long terms for vicious crimes should be eligible for parole, when the
man convicted of second degree murder must remain in prison for life.
“If the lawmaking power,” continued Mr. Wickersham, “considers
reformation, conditional liberation and reinstatement to a normal
position in society possible in these cases, ‘it is difficult to
say on what principle the same possibility and hope of reformation,
liberation and forgiveness should not be extended to one guilty of
murder under circumstances not punishable by death. While there is
life there should be hope. It may be far off, delayed, a dim, distant
possibility, but it would seem that that hope should be held out as a
possible attainment to the meanest wretch who is allowed to live. The
justice of man should aim at the perfection of divine justice, and
though finite wisdom not knowing the hearts of men, may not always deal
justly with offenders, yet it should not “shut the gates of mercy”
against the meanest of God’s creatures.’”
Public-domain text, read in full here on John Shaqi.
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