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compelled me to take other people's things, you would realize that this importance is very diagrammatic," the judge would answer: "That's all right for the justice of the future, but it isn't now. You are number 404 of the criminal code, and after leaving this court room with this number pasted legally on your back, you will receive another number, for you will enter prison as number 404 and will exchange it for entry number 1525, or some other, because your personality as a man disappears entirely before the enactment of social justice!" And then it is pretended that this man, whose personality is thus absurdly ignored, should leave prison cured of all degeneration, and if he falls back into the path of thorns of his misery and commits another crime, the judge simply pastes another article over the other, by adding number 80 or 81, which refer to cases of relapse, to number 404! In this way the classic school of criminology came to its unit of punishment, which it heralded as its great progress. In the Middle Ages, the diversity of punishment was greater. But in the 19th century the classic school of criminology combatted dishonoring punishment, corporeal punishment, confiscation, professional punishment, capital punishment, with its ideal of one sole penalty, the only panacea for crime and criminals, _prison_. We have, indeed, prohibitory measures and fines even today. But in substance the whole punitive armory is reduced to imprisonment, since fines are likewise convertible into so many days or months of imprisonment. Solitary confinement is the ideal of the classic school of criminology. But experience proves that this penalty has as much effect on the disease of criminality, as the remedy of a physician would have, who would sit in the door of a hospital and tell every patient seeking relief: "Whatever may be your disease, I have only one medicine and that is a decoction of rhubarb. You have heart trouble? Well, then, the problem for me is simply--how big a dose of rhubarb decoction shall I give you?" And measuring doses of penalty is the foundation of the criminal code. That is so true that this code is in its last analysis but a table of criminal logarithms for figuring out penalties. Woe to the judge who makes a mistake in sentencing a 19 year old offender who was drunk when he sinned, but had premeditated his deed. Woe to the judge, if he misses his calculation in adding or subtracting the third, or sixth
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