ed or simply
restrained can make no difference. In this lies the whole difference
between scientific and humane treatment of the unfortunate, and the
vengeful punishments that have always been visited by the strong upon
the helpless and the weak. Society restrains the imbecile, the
dangerously insane, the victims of deadly, contagious diseases. All
these are restrained without any feeling of hatred, but with pity and
understanding. Society does not keep one of these persons under
restraint after he has sufficiently recovered to make it safe to return
him to the community; neither does it release one until he is safe. It
uses the best methods for his treatment that may make him fit to live
with his fellows, and the best efforts to place him in a proper
environment when discharged. Neither does any disgrace nor humiliation
nor handicap attach to the unfortunate when discharged. In a sense, the
attitude of mind held by the group toward the "criminal" is the whole
question. From this everything follows, and without it change or
humanity or hope is not possible.

It is true that insane asylums, homes for the feeble-minded, and
hospitals are not what they should be, nor what they will be some day.
All of this is not due to the attitude of the mind of the public, but is
due to the method of administration which is not within the scope of
this book. If justice and humanity shall ever have to do with the
treatment of the criminal, and if science shall ever be called upon in
this, one of the most serious and painful questions of the ages, it is
necessary, first, that the public shall have a better understanding of
crime and criminals.

III

RESPONSIBILITY FOR CRIME

It is only lately that we are beginning to find out anything about the
origin and nature of man. Laws have come down to us from old customs and
folk-ways based on primitive ideas of man's origin, capacity and
responsibility. It has been generally assumed that man was created
different from all the rest of animal life; that man alone was endowed
with a soul and with the power to tell good from evil; that in the
beginning man was perfect but yielded to temptation, and since then has
been the subject of an everlasting contest between the powers of light
and the powers of darkness for the possession of his soul; that man not
only knew good from evil, but was endowed with "free will," and had the
power to choose between good and evil; and that when he did wron