g he
deliberately chose to do so out of an abandoned and malignant heart; and
that all men alike were endowed with this power and all alike were
responsible for their acts.
The old indictments charged that: "John Smith, being a wicked, malicious
and evil disposed person, not having the fear of God before his eyes,
but being moved and seduced by the instigation of the devil etc." It
followed, of course, that John Smith should be punished or made to
suffer, for he had purposely brought all the evil on himself. The old
idea is still the foundation of the world's judgment of men, in court
and out. Of course this idea leaves no room for mercy and understanding.
Neither does it leave any chance to give the criminal the proper
treatment for his defects which might permit him to lead a normal life.
As a matter of fact, every scientific man knows that the origin of life
is quite different from this; that the whole current conception of the
individual and his responsibility is a gross error; and that no correct
judgments can be based on the old foundation; that no sane treatment of
crime can follow this assumption of man's origin and nature; that the
result of this foundation is almost infinite injustice and cruelty to a
large and constantly growing number of men and women; and that it tends
to endless injury and evil to society. The conception of man and the
treatment of crime and criminals by the courts is not better nor more
scientific than was the old-time doctors' treatment of physical ailments
by magic, incantations and sorcery.
The origin and development of all animal life is the same. In fact, the
development of plant life is on a similar pattern. The origin of a
human being is a simple cell, an egg. This cell is fertilized and
through growth after fertilization begins dividing and building and
taking on the form and semblance of a human being. All children have the
same origin, the same development and the same pattern, yet no two are
alike. Each has a distinct and different equipment from any of the
others. The size of the body, real and potential; the size and fineness
of the brain; the delicacy and sensitiveness of the nervous system; the
innate instincts upon which conduct mainly rests; the emotions which
control action and which flow from the structure--in short, the degree
of perfection and imperfection of the machine is all hidden in the
original cell. No well-informed person now thinks of questioning the
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