NCJ Number
156196
Journal
Journal of Correctional Education Volume: 46 Issue: 2 Dated: (June 1995) Pages: 76-78
Date Published
1995
Length
3 pages
Annotation
This article, originally printed in 1915, argues that it is impossible to weigh and determine the exact guilt of each criminal offender by the factors of his crime. It is also impossible to compare the degree of criminality between offenders.
Abstract
The author contends that criminal behavior arises from inheritance, early training, the effect of environment, the influence of others, and the results of unforeseen circumstances. The law tries to mandate the amount of punishment to mete out to each offender, but in the process ignores the psychological aspects of crime. Society needs to be protected against both hardened criminals and those persons whose impulses may move them to violate the law, intentionally or not. This author proposes a system whereby the law would determine the facts of the crime; the jury would decide whether or not the act was committed, whatever the motive; and the judge would sentence the convicted offender, taking into account all mitigating and aggravating circumstances. The prison system, whose ultimate goal should be to integrate inmates into society, should be based on the largest possible measure of individual freedom.