The Lock and Key Library - The most interesting stories of all nations: American by Unknown
page 76 of 469 (16%)
page 76 of 469 (16%)
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Introduction to The Corpus Delicti
The high ground of the field of crime has not been explored; it has not even been entered. The book stalls have been filled to weariness with tales based upon plans whereby the DETECTIVE, or FERRETING power of the State might be baffled. But, prodigious marvel! no writer has attempted to construct tales based upon plans whereby the PUNISHING power of the State might be baffled. The distinction, if one pauses for a moment to consider it, is striking. It is possible, even easy, deliberately to plan crimes so that the criminal agent and the criminal agency cannot be detected. Is it possible to plan and execute wrongs in such a manner that they will have all the effect and all the resulting profit of desperate crimes and yet not be crimes before the law? We are prone to forget that the law is no perfect structure, that it is simply the result of human labor and human genius, and that whatever laws human ingenuity can create for the protection of men, those same laws human ingenuity can evade. The Spirit of Evil is no dwarf; he has developed equally with the Spirit of Good. All wrongs are not crimes. Indeed only those wrongs are crimes in which certain technical elements are present. The law provides a Procrustean standard for all crimes. Thus a wrong, to become criminal, must fit exactly into the measure laid down by the law, else it is no crime; if it varies never so little from the legal measure, the law must, and will, refuse to regard it as criminal, no matter how injurious a wrong it may be. There is no measure of morality, or equity, or common right that can be applied to the |
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