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Crime: Its Cause and Treatment by Clarence Darrow
page 26 of 223 (11%)
self-protection of the group is the same as the self-protection of the
individual. Both the group and the man will save their lives against a
lunatic or any other menace, regardless of the nature of the menace.

Punishment, in the proper meaning of the term, cannot be justified by
any reasoning. Punishment really means the infliction of pain because
the individual has wilfully transgressed. Its supposed justification is
that somehow the evil done is atoned for, or made good, or balanced if
the author of the evil shall suffer pain. Punishment means that the
suffering by the victim is the end, and it does not mean that any good
will grow out of the suffering. It seems as if the question only needed
to be stated for right-thinking men to deny the validity of punishment.

It may be argued that whether the victim is punished 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.
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