acknowledging the fact that the basis of all
society is the recognition of the rights of others. The thief
often excuses his acts by asserting 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 sparsely settled regions in the United
States. The survival of this institution 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 attitude 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? God was far more lenient even with the unrepentant Cain
than were his fellow men. Did God, however, remi
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