We all know the axiom of criminal law, that “ignorance of the law excuseth no man;” but we all know, also, that the axiom is not of equal force in moral law; and the administration of criminal law itself has practical exceptions to the rule. We have already said that a large number of cases sent to court might easily be settled by the parties, but especially by the interference of the magistrate; and we may add, that more than two-thirds of the cases in which the magistrate holds, or commits the prisoners for trial, could, before reaching the prosecuting attorney, be settled, with benefit to the community and the offender. The requirements of the law are seen and felt by the accused before he finds himself committed. The vengeance of the law would do little towards reforming one who already sees his fault, and is ready, as far as possible, to make reparation. In such cases the interference of the Agent has been found most beneficial, not merely in procuring the discharge of the innocent, separating him from the association of untried vagabonds and thieves, and sending him back to his family and business, to work out and work off the stain which even _false_ imprisonment has set upon his character. But greatly advantageous has been that interference in behalf of the guilty, of him who had actually committed the act charged, but who felt the danger of his position as well as the error or turpitude of his conduct, and who needed only to be saved from the actual verdict of the jury and the sentence of the court, to become a candidate again for public confidence and general respect. To all visitors of prisons it is known that hundreds, who commit a violation of the criminal law, never feel the degradation of their act, or submit their minds to its disgraceful consequences, till they are made companions of culprits in the prison cells,—that to be known to the good as having done a notable wrong, is a mortifying means for repentance and amendment; while to be in companionship with the admitted bad, is to be almost certainly sealed to future infamy. This strong but correct view of the cases of new offenders, is that upon which the Agent has based his action; and it is not only due to him, but to the plans and labors of the Society, to say, that while it is probable that some of those whom he, with much labor, has released from prison, have shown that they did not improve by his beneficent efforts, it is most true that by far the largest portion have shown by their subsequent conduct that they appreciate the benevolence that interposed in their behalf, and were ready to make the only compensation which is acceptable to their benefactor, viz., an amended life.
Islands Journal
The Journal of Prison Discipline and Philanthropy — Part 31
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