s to fight, is to teach them to hate
and fear the enemy. In the trial of a case, these feelings are fresh in
the minds of the prosecutor and the judge when the case is finished, and
they necessarily act more or less under the dominance of their passions.
In time these feelings fade, and a saner and kindlier judgment takes the
place of the first feelings that possessed the mind.

With the parole system is going on a movement for probation. This
provides that the convicted man need not be sent to prison but may be
released on certain terms, sometimes requiring that money taken shall be
refunded. After that he shall be placed under the supervision of some
friend or agent who will report from time to time to probation officers
or to the court. Probation is generally granted to young prisoners and
first offenders but usually not permitted in cases that the law
classifies as the most serious.

Parole and probation are much the same in theory. In both these cases
the clemency should depend much more upon the man than on the crime. It
does not follow that a very serious crime shows a poorer moral fibre
than a lesser one. It may well be that the seemingly slight
transgressions, like stealing small amounts, picking pockets and the
like, show a really weaker nature than goes with a more heroic crime.
There is no such liability to repeat in homicide as there is in forgery,
pocket-picking or swindling. The seriousness of a homicide is likely to
make it impossible that the same man shall ever kill again. Many such
men would be perfectly safe on probation or parole. But the smaller
things that are easily concealed and come from an effort of the
condemned to live, either without work or in a better way than his
ability or training permits him to do in the hard and unfair conditions
that society imposes, are often much harder to overcome. At any rate,
the main question should be in regard to the man and not the crime. In
cases of parole or probation, society should do what it can to help the
man make good. Generally employment is necessary and a different and
easier environment often indispensable. If organized society would only
take the pains to make an easier environment for all the less favored,
the problem would be fairly simple and most of the misery that comes
from crime and prison would gradually disappear.

XXXVI

REMEDIES

Students of crime and punishment have never differed seriously in their
conclusions. All in