law-and-moral books of society.
The economic, political, moral, and physical factors being the
microbes of crime, how does society meet the situation?
The methods of coping with crime have no doubt undergone several
changes, but mainly in a theoretic sense. In practice, society has
retained the primitive motive in dealing with the offender; that is,
revenge. It has also adopted the theologic idea; namely, punishment;
while the legal and "civilized" methods consist of deterrence or
terror, and reform. We shall presently see that all four modes have
failed utterly, and that we are today no nearer a solution than in
the dark ages.
The natural impulse of the primitive man to strike back, to avenge a
wrong, is out of date. Instead, the civilized man, stripped of
courage and daring, has delegated to an organized machinery the duty
of avenging his wrongs, in the foolish belief that the State is
justified in doing what he no longer has the manhood or consistency
to do. The majesty-of-the-law is a reasoning thing; it would not
stoop to primitive instincts. Its mission is of a "higher" nature.
True, it is still steeped in the theologic muddle, which proclaims
punishment as a means of purification, or the vicarious atonement of
sin. But legally and socially the statute exercises punishment, not
merely as an infliction of pain upon the offender, but also for its
terrifying effect upon others.
What is the real basis of punishment, however? The notion of a free
will, the idea that man is at all times a free agent for good or
evil; if he chooses the latter, he must be made to pay the price.
Although this theory has long been exploded, and thrown upon the
dustheap, it continues to be applied daily by the entire machinery of
government, turning it into the most cruel and brutal tormentor of
human life. The only reason for its continuance is the still more
cruel notion that the greater the terror punishment spreads, the more
certain its preventative effect.
Society is using the most drastic methods in dealing with the social
offender. Why do they not deter? Although in America a man is
supposed to be considered innocent until proven guilty, the
instruments of law, the police, carry on a reign of terror, making
indiscriminate arrests, beating, clubbing, bullying people, using the
barbarous method of the "third degree," subjecting their unfortunate
victims to the foul air of the station house, and the still fouler
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