This is a subject that many men have been studying for some years past,
but very little progress has yet been made. The old shibboleths that
crime results from a desire for crime and that the only cure is savage
punishment still hold good with all Governments, though quite
discredited outside official circles. It is a most fascinating
subject, and as it is one I have worked at for many years I may be
excused for devoting a somewhat large space to it here.
It is more than twenty-five years ago that my attention was first
attracted to the causation of crime. I was a young magistrate then,
trying my first cases; very nervous, very conscientious that I should
fulfil all the legal requirements as laid down in the Codes. It had
never occurred to me then that there was any gulf between justice and
law--I supposed that they were one, that law was only codified and
systemised justice; therefore, in fulfilling the Law I thought that I
was surely administering Justice.
I was trying a theft case. I cannot remember now what it was that had
been stolen, but I think it was a bullock. The accused was undefended,
and I, as the custom is, questioned him about the case, not with the
view of getting him to commit himself, but in order to try to elicit
his defence, if any. He had none. He admitted the theft, described
the circumstances quite fully and frankly, and said he was guilty. I
asked him if he knew when he took the bullock from the grazing ground
that he was stealing it, and he answered "Yes." I asked him if he knew
that the punishment for cattle theft was two years' imprisonment, which
practically meant ruin for life, and he replied that he knew it would
be heavy.
Then I asked, "Why did you do it?"
He moved uneasily in the dock without answering, looked about him, and
seemed puzzled.
I repeated the question.
Evidently he was trying to remember back why he had done it, and found
it difficult. He had not considered the point before, and
introspection was new to him. "Why did I do it?" he was saying to
himself.
"Well?" I asked.
He looked me frankly in the face. "I don't know," he said. "I suppose
I could not help it. I did not think about it at all; something just
made me take it."
He was convicted, of course, and I forgot the case.
Public-domain text, read in full here on John Shaqi.
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