The Dominion. SATURDAY, APRIL 24, 1915. CRIME AND PUNISHMENT

Dominion, Volume 8, Issue 2444, 24 April 1915, Page 6

The Dominion. SATURDAY, APRIL 24, 1915. CRIME AND PUNISHMENT

One of the_ great problems of prison administration is to find regular, useful, and wholesome work for prisoners. Various aspects, of this matter arc touched upon in the statement, which the Minister ok Justice (the Hon. A, L. Herdman) made a few days ago regarding tho New Zealand system. It is essential that the gaol population should he kept employed, but it is undesirable that prison labour should come into unfair competition with the labour of other sections of the community. The Minister's statement shows that this aspect of the question is not 'likely to be overlooked. The import ance of work as a factor in prison discipline is insisted upon by • Me. Herdman in his reference to the Homes for Inebriates. He pays a well-deserved compliment to the Salvation Army for the good service it has rendered to the State by its management of these institutions at Roto Roa' and Pakatoa, but he thinks that the Government will have to take control of tho 'reformatory treatment of inebriates. Ho is of opinion that the weak'spot in the present arrangement is the absence of power to make the inmates work. Mr. Herdman says the State would have that power, and if these institutions were controlled by the Government steady employment at some healthy and suitable occupation would be given to all persons committed' to them. These unfortunate victims of the drink habit, who are their own worst enemies, ought, of course, to receive different treatment from that meted out to hardened criminals, but some sort of employment would be g;ood for • them, whether they like it or not. It is hot an easy matter nowadays to make the "punishment fit the or'ime." The modern .conscience will not tolerate the old method of an eye for an eye, though this principle certainly did meet in a rough and ready way tho demand for "equal retribution." This idea of retributive justice is still recognised in the law which provides for the capital punishment of murderers—a life for a life. But for other offences it is either impossible or inexpedient to resort to this direct method of retaliation, and punishment usually takes the • form of detention within prison walls, combined with a certain amount of work, strict discipline, and deprivation of luxuries and amusements. The life of a criminal ought certainly to be less pleasant, than that of law-abiding citizens—however poor. Unfortunately this is not always Ul6 em Tlw prldon mm be. vlkjui 1 and health}', wholesome food must

be provided, and the work of prisoners, if monotonous .and uncongenial, is never cxeessive. A community which would deliberately brutaliso any of its members would brutaliso itself.

j The retributive element in the administration of justice seems to bo receding into the background. The idea of punishment is repulsive to some over-sensitive people, who are inclined to look upon crime merely as a disease, and who appear to think that the" proper place for a criminal is a- kind of moral hospital rather than a gaol. But the. instinctive sense of justice within us demands that the wrongdoer should bo punished for his wrong-doing. It is right that the law should be a terror to the lawless—a "revenger to .execute wrath upon him that doeth evil." But there are other things to be considered in the administration of justice. It should be deterrent, exemplary, and reformative, as well as punitive. The ideal to bo aimed at is a well-balanced combination of all these elements. The criminal should in the first-place be punished, and he should be punished in such a way as to deter him from repeating the offenco. For the good of the State the punishment should be exemplary—that is to say, it should be of such a character that it will act as a warning to others; but it should not on that account be excessive, for the State has no right to protect itself by being unjust to any individual. The imposition of unequal punishments is one of the most difficult problems connected with the administration of justice.. The matter has been discussed at various times in New Zealand. A great deal must bp left to the discretion of the Judges, and Judges, like other people, are apt to differ in their views as to what is a just sentence—in any particular case. Mr. Herdman says an alteration in the law will be submitted to Parliament with the objcct of giving the Department power to remedy any injustices that may ariso from this cause. The modern State has to consider the prevention as well as tho punishment of crime. The reform of the criminal is a matter that has been receiving much attention in all civilised lands during recent years. It forms- an essential part of tho prison system of New Zealand. Most people would like to give tho man who. has wandered out of tho straight path a chance to get back again. Society must, of course, be protected from lawlessness, but the general opinion is that justice should be tempered with mercy in cases where the wrongdoer shows a real desire to recover himself. The probation law is an attempt to give first offenders' an opportunity of making a fresh start, and the Minister now proposes to cai'ry this principle a step further by giving the Crown power to release prisoners of good behaviour on probation. It is necessary to act with great caution in this matter. It would be disastrous to allow the impression to be created that crime of any kind is likely to go unpunished, or that the punishment will be of a more 'or less trifling character. In showing mercy to the criminal, Parliament must not clo anything that will lessen public respect , for the law or endanger the safety of the community.