Page:American Journal of Sociology Volume 1.djvu/804

788 nition of the rights and guarantees of the prisoner to be tried, and of the society which tries him; and (2) the legal sentence, whereof the object is not to define the indeterminable moral culpability of the prisoner, nor the impersonal applicability of an article in the penal code to the crime under consideration; but the application of the law which is most appropriate to the perpetration of the crime, according to his more or less anti-social characteristics, both physiological and psychological" (p. 147). The "presumption of innocence" should be diminished in case of confirmed criminals. The verdict of "Not proven" should be rendered when there is high probability of guilt but not adequate proof. The jury system should be abolished, since only trained judges are capable of deciding about the real character of the criminal.

Penalties should be based on the nature of the criminal—born, habitual, occasional, passional or insane. The criminal insane should be confined in special prisons. The born or instinctive criminals, when proved incorrigible, should be set to work on the most disagreeable and dangerous work of society, since it is better for society to save honest working men from such conditions. Prisoners' aid societies should confine their efforts to occasional and passional criminals, and not drive out steady workmen to give work to confirmed enemies of society. For milder types of law-breakers, capable of remorse and reform, the short sentence is simply a means of forming criminal associations; they should be punished by fine and by reparation to the injured party. This doctrine of reparation as a means of social defense and personal correction is thoroughly worked out. It is one of the most plausible suggestions of the book. Elaboration and criticism of these positions must be reserved for other articles.

my first examination of this book with a consciousness of gratitude to its author and of respect for his work. The sincerity of this testimony may be attested by the further confession that I find myself effectually estopped by this publication from carrying out a plan for which my preparations were already well advanced, to inflict upon the patient public a volume upon the subject here treated. I