fall short everywhere of strict ethico-moral justice as contradistinguished from the justice of the law courts, to an extent which makes it practically equal whether the law as it stands (for the most part) is among the things that be, or not of them, so far as the first iota of justice is concerned. Is it not, has it not always been, a wellknown fact that a man's innocence of the criminal charge preferred against him is no guaranty at all for his acquittal of it? When this charge involves a capital crime and the man is tried, convicted, sentenced, and exe cuted, despite his innocence and perhaps upon only coincidences, or the testimony of hired and lying informers, the awful wrong done him is forevermore irremediable. Is not this, too, well known? And is it not just as clear that the imposition of a lesser pen alty, one that left the convicted man at least his life, might make possible some degree of amends if it should prove later on that the poor wretch was innocent and had been wrongfully convicted? His liberty could be restored, his damage to body and reputation fairly compensated, and other due reparation had. These are no new considerations. They are not advanced as such. Novel, however, is the point broached here, to wit, that were the man, under the foregoing circum stances, dealt with by law in the light that crime is the inevitable effect of certain clearly definable natural causes and condi tions, in which the man does not indubitably figure as a responsible agent, that crime is analogous to disease, — were the accused, we say, dealt with, for instance, as rationally as a lunatic now is, a sure remedy against mis takes in the administration of justice, as well as a sure preventive of miscarriages of jus tice generally, would exist always ready to hand, and the safety of society would in all cases be maintained as well as assured. In the case of the lunatic, no incarceration is permitted beyond the time of his recovery. Society has him returned to it the moment he becomes rational again. Nor is he ever lectured or berated, or held up to the scorn (TV be i
of the people while sick with insanity. When cured, his rights and property are re stored to him. Why? Because he is again safe to abide within the community. That — namely, safety, " safe to abide with " — is the sole test in his case. But the individual in carcerated for crime is not dealt with thus sensibly. This is particularly true where the delinquent's criminal tendencies are chronic. Notwithstanding the incurable character of his malady, he is liberated as soon as the term of his sentence has expired. No heed whatever is taken whether he be safe to society when again let loose or not. The grave consideration of undertaking or effect ing a cure never plays a part in any action or proceeding taken by law with reference to the criminal at any stage of the law's business with him. The law simply pun ishes, and the court anathematizes. If, now, incarceration and any other penalty inflicted upon and paid by him did not correct the vi cious qualities in him so as to make him safe for society, the law has accomplished nothing, and society is sure again to suffer from him. Here one reaches the law's utter inadequacy in the premises. It has operated upon the criminal, against him, and with most im posing and expensive ceremonial about him. It has spent itself and every one of its pecu liar forces fully concerning him. His case has been duly adjudicated by the cumbrous and complex machinery of the court, down to the part played by the meanest bumbailiff who participated in the solemn trans action. He has been ingeniously and thoroughly prosecuted, the jury have found him guilty, the court has frowned awfully upon his crime and scolded him for being convicted of it, and to crown all, the penal code has been consulted for the measure of his punishment. He is duly sentenced. He stands this punishment. In time he gains his liberty again. Yet is the danger to so ciety from this malefactor when liberated as unlimited as that from a lunatic left at large; and likewise is all the solemnity eventually proved a farce.
