CONTENTS PART I.-THE AIM OF PUNISHMENT CHAPTER PAGE INTRODUCTIO . N . . . . . . . . - 1 I. PUNISHME F N O T R EXPIATION . . . . . G 11. PUTUTSH FO X R I R E E T RI UTION . . . . 22 111. PUNISHME F N OR T DETERREKC . E . . . 60 IV. U X S FO E E RE N F T O RMATIO . N . . . 86 V. PUNISHME F N O T B SOCIA U L TILITY. . 113 PART 11.-FREEDOM IN CRIME 1 . THE P BYCHOLO O G F Y J ILL, J OTIV AN E D, CHOICE, . . . . . . ., 135 VIII. THE N ATUR O E F MEKTAL C AUBATION . . 152 XI. C O N E N T E X E G TESTI O O - F U Y SE LFCo scxoush-ESS . . . . . . . 191 v vi CONTEXTS CEAPTEB PAGE XII. FREEDO A M S ABSENCE OF EXTERNA C L O N STRAINT . . . ., ., . . . 202 XIII. CHARA E AN B D EKVIRO XEN . T . . . 210 XIV. DETERMINI N S O M T E SSENTIALL M Y A TERIAL ISTIC OR FATALISTI . C . . . . . . 210 XV. REWARD AN D PUNISHR. S . E N . T . . . . 228 XVI. THE N ATUR O E F LAWS . . . . . . . 239 XVII. TRANSCENDE F N R T E A E L D OM . . . . . 258 PART 111.-RESPONSIBILITY FOR CRIME XIX. ARGUME T FO S R COMPLET I E R RESPONSIBIL ITY OF ALL CRIMINALS . . . . . . 271 XX. CONTRAS O T F MORAL C ONSIDERATIO AX N D S SOCIA E L X EDIENC . Y, . . . . . 290 XXI. ASSERTION O F THE CRIMINAL S S O CIAL R E SPONSIBILITY. . ., . . ., . 286 CRIMINAL RESPONSIBILITY AND SOCIAL CONSTRAINT PART I INTRODUCTION AMONG the most expensive functions of govern ment is that which is concerned wit, h the detection, arrest, trial, and punishment of criminals. Thc ex penditures in connection wit h police, courts, a, nd prisons exceed in amount the outlay for the con servation and improvement of health, the nece sit ies and conveniences of travel and intercourse, high ways, parks, and playgrounds, and about equal the costs of education. Whenany onc begins to philosophize about the rubun dZt. re of this enormousIy expensive arrange ment for dealing with crime and criminals, I-lc naturally asks first for its purpose-What is the object of it all What kind of return does this investment bring in Society has schools for the ignorant. It has accident stations, a. mbulance corps, dispen saries, and hospitals for the injured and diseased. 16 has special educational institutions for the feeble minded, the blind, the deaf, and t, hc dumb. It has homes for the aged, the infirm, and the incapacitated. l Cf. Spldding, The Money Cost of Crime, in Journal of the American Institute of Criminal Law axd Criminuhgy, May, 1910, pp. 86-102 and Eugene Smith, The Cost of Crime, in Proceed inga of the Annual Congress of the National Prison Associatian, 1900, pp. 308 ff. It has nsylums and hospitals for the epileptic and the insane. But for thc criminals, society has dc tectives, bureaus of crirnind ident, ificat, ion, police, judges, jailers, n, nd executioners - houses of correc tion, penal colonies, jails, penitentiaries, the gallows, and the electric chair. Wha, t is the ground for the difference in treatment that is accorded to this Iast class Society has been treating criminals in very definite ways for quite a long time, a. nd has been to almost infinite pains and expense to treat them precisely so. Hence it is perfectly reasonable to suppose that socicty must have some very specific reason for such methods. Perhaps the reason is so clear that any and every man could sta. te it in few words. Let us ma. ke Dhe experiment, and ask of afew men what object society has in view in its dealings with the criminal. The lawyer replies that punishmentis to compensate for damage, and to prevent further darnage. I The sociaIogist says that it is to restore the social equiIibriurn that has been disturbed, and to prevent further disturbance...