DECLINE OF CRIMINAL JURISPRUDENCE. 471 



protection should be insured througli the application of a fallacious 

 and discredited legal dogma." 



This is but one example of the unprogressiveness of our crimi- 

 nal jurisprudence. Yet, if we really have the ancient principle 

 of the right of life and liberty at heart we ought to recognize that 

 this legal dogma is a greater menace to the practical abrogation 

 of the right than the despotism of an unscrupulous executive. 

 For while the latter is an infringement of a right which the law 

 forbids, the former is a breach of a right which the law sanctions. 

 Again, the theories regarding the object of penal provisions have 

 entirely changed. Punishment has been scientifically shown to be 

 practically useless either as a deterrent or as a correctional remedy. 

 Yet our penal codes are confessedly based on the idea of punish- 

 ment and retribution. We have indeed made some little headway, 

 such as indeterminate sentences and suspension of judgment, but 

 only in a scattered and tentative way. 



The additions to or changes in our criminal codes have been 

 unimportant and unprogressive. What additions are made are 

 slipshod in their make-up, at times partisan in intent, seldom in 

 harmony with the teachings of modern science, and oftentimes in 

 disregard of fundamental principles. Our legislators grant " hear- 

 ings " before passing a law affecting the business of a few privi- 

 leged men and give it due weight; but criminal bills, which may 

 affect the public, are generally " rushed through," probably be- 

 cause of an absolute lack of interest. This is but a repetition of 

 Blackstone's complaint against criminal legislation in his day. " It 

 is never usual in the House of Commons," he wrote, " even to read 

 a bill which may affect the property of an individual without first 

 referring it to some of the learned judges and hearing their report 

 thereon. And surely equal precaution is necessary when laws are 

 to be established which may affect the property, liberty, and per- 

 haps the lives of thousands." And he thus concludes his obser- 

 vations : " The enacting of penalties to which a whole nation should 

 be subject ought not to be left as a matter of indifference to the 

 passions or interests of a few, who upon temporary motives may 

 prefer or support such a bill." 



The lack of public interest and of intelligent consideration by 

 the people and the bar in criminal problems and criminal legislation 

 are clearly shown by the paucity of criminal statistical data fur- 

 nished by various States. 



Penological research is based on an intelligent study of sta- 

 tistics, and civilized nations, recognizing this fact, have provided 

 elaborate systems of records based on the suggestions of statistical 

 science. But with us statistical facilities in the field of crime are 



