Criminals And Crime Some Facts And Suggestions

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D. Is convicted on a precisely similar charge, and he is released from the dock. But the explanation is 74 CRIMINALS AND CRIME simple. The one crime is regarded as a last and crowning proof that the offender is a hopeless criminal, an irreclaimable outlaw ; whereas the circumstances in which the other crime was com- mitted excite compassion for the offender.
It must be acknowledged, however, that on the punishment -of -crime principle both these decisions are unjust, and any one who takes that
...view may plead that he has the law on his side. He may fairly argue thus : " In former times both men would have been sent to the gallows. No considerations about the character or circum- stances of the felons would have affected their fate. Nowadays, it is true, the punishment is different, but the principle of law on which the punishment is ordained remains unchanged. The Court ought to consider the crime, and not the criminal. Therefore to send a man to penal servitude for stealing a few shillings is monstrous ; and to let a thief go entirely unpunished is a mis- carriage of justice.

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