Part 3 (2/2)

THE MAKING OF A CRIMINAL.

Paul said, ”All men have sinned.” Are all men therefore criminals?

What const.i.tutes a criminal? Was Cain a criminal before he slew his brother? Legally? Morally?

Was Cain's motive in the wors.h.i.+p of G.o.d truly religious or merely mercenary? This portrait of Cain ill.u.s.trates the fact that formal religious wors.h.i.+p does not necessarily deter a man from becoming a criminal. Sometimes men prominent in religious work become defaulters or commit other crimes. Does this story suggest the fundamental reason why great crimes are sometimes committed by religious leaders? The motive rather than the form is clearly the one thing absolutely essential in religious wors.h.i.+p.

Was the slaying of Abel the result simply of jealousy or a sudden fit of anger or of a gradual deterioration of character? Compare the gradual development of the criminal instincts in Shakespeare's Macbeth. Think of the different influences tending to make criminals! Most criminals are made before they reach the age of twenty-one. The development of the criminal is the result either of wrong education or the lack of right education. Parents by their failure to guard carefully their children's a.s.sociates and to develop in them habits of self-control, respect for the rights of others, and a sense of social and civic obligation, are perhaps more than any other cla.s.s responsible for the growth of criminals.

In what ways does the State through its negligence also contribute to the making of criminals?

III.

THE CRIMINAL'S ATt.i.tUDE TOWARDS SOCIETY.

Every criminal act is anti-social. Few if any criminals realize this fact. A superintendent of the Elmira Reformatory after years of experience said that he had never seen a criminal who felt remorse; while criminals usually regretted being caught, they always excused their crime. The criminal repudiates his social obligations, not acknowledging the fact that the basis of all society is the recognition of the rights of others. The thief often excuses his acts by a.s.serting that society owes him a living.

Is this position right or do you agree with the following statement? ”The criterion of what is for the benefit of the community at large must be settled by the community itself, not by an individual. The citizen, then, may and must do what the community determines it is best for him to do; he must stand in the forefront of battle if so ordered. He must not do what the State forbids; he may be deprived of liberty and life if he does.”-- _Jenks_.

IV.

THE WAYS IN WHICH SOCIETY DEALS WITH THE CRIMINAL.

Cain's punishment was banishment rather than imprisonment. What was the fate that Cain specially feared? Cain and Abel in the original story, some writers believe, represented tribes (see _Hist. Bible_, I, 44). Among nomadic peoples in the early East, as to-day, the punishment of murder was left to the family or tribe of the murdered man. Was this just or effective? The same crude method of avenging wrongs is found in the vendetta of Italy and the family feuds in certain spa.r.s.ely settled regions in the United States. The survival of this inst.i.tution is to-day one of the greatest obstacles to civilization in those regions. Why?

In most criminal legislation the chief emphasis is placed on punishment. For example, thieves are punished with imprisonment.

Why? A radical change in public opinion is now taking place. The prevailing method of dealing with crimes advocated by penologists to-day is the protection of society if possible by the reform of the criminal. Does this method protect society effectually? Why is it that criminals generally prefer a definite term in prison rather than an indefinite sentence with the possibility of release in less than half the time? Which method of treatment is best in the end for the wrong-doer?

It is important to distinguish clearly between the private and the official att.i.tude toward the criminal. As individuals, who cannot know the motives, we should heed the maxim of Jesus: ”Judge not!”

As public officials whose duty it is to protect society, we are under obligation to deal firmly and effectively with the criminal.

What would probably have been the result had Cain confessed his crime? G.o.d was far more lenient even with the unrepentant Cain than were his fellow men. Did G.o.d, however, remit Cain's sentence?

Cain said, ”I shall become a fugitive and a wanderer on the face of the earth.” Was this sense of being an outcast the most painful element in Cain's punishment? All crime thus in a sense brings its own punishment. If in placing upon Cain a tribal mark, thereby protecting him from being killed, G.o.d apparently aimed to give him an opportunity to reform, the clear implication is that the divine love and care still follow him. That love and that care never cease toward even the most depraved. Compare Jesus' att.i.tude toward the criminal, as ill.u.s.trated in his ministry and especially in his dealing with the woman taken in adultery. His forgiveness of the woman's sin did not cancel the social results, but gave her a new basis for right living in the future. She realized that some one believed in her. Is this one of the most important influences to-day in a.s.sisting weak men and in redeeming criminals? Henry Drummond when asked the secret of his success with men said, ”I love men.”

V.

HOW TO DEAL WITH CRIMINALS.

The purpose of criminal legislation and administration is clearly the protection of society. The criminals are punished, not for the mere sake of the punishment or for vengeance, but to deter them from further crime or to serve as a warning to others. Only on this account can punishment be justified.

To prove an effective warning the punishment for crime should be certain, prompt and just. For these reasons effective police, upright judges and fair methods of procedure are absolutely essential. Efforts should be made not to influence the courts by public opinion, and the pernicious prejudgment of cases by popular newspapers should be discountenanced.

The surest method of stopping a criminal's dangerous activity is to reform him; to give him a new and absorbing interest. Experience at our best reformatories shows that with the indeterminate sentence a very large majority of young criminals can be transformed into safe and useful citizens. This method is both cheaper and more effective than direct punishment for fixed terms.

VI.

THE PREVENTION OF CRIME.

<script>