"THE ELEMENTS OF CRIME."

NZ Truth, Issue 1196, 1 November 1928, Page 17

"THE ELEMENTS OF CRIME."

By BORIS BRA^L. ■■■■-■ ': : ~^ \ The Oxford University P&ess, which publishes this notable b<xi»k,.< states that it "will" long occupy merited place among 1 the standard books of the lawyer, the psychologist, the>< scientist and the general reader." : Mr. Brasol was formerly Prosecuting Attorney of the St. , Petersburg Supfrenie Court and is a noted aiuthority on criminology. Professor J\ >hn H. Wigmore, Professor of Law in\ Northwestern University and former\ President of the American Inatitjute of Criminal Law, and Dr. WiHnim- A. White, author of "Insanity and the Criminal. Law," furnish introductions to the book. ■';■ ■ / :; '| .'■.;'; The chapter which is of specif il ; interest to you iis that which deals' with "Crime: Its Relation to Legislation and Procedure," from . which we U have made 'these citations: — \ "If; foP any reason, the iVaws themselves stand m conflict witlii the desires, customs, ideals arid : tendenicies of a large, number of citizens, then \ the natural condition of social frictioW is intensified. , . . .' "A law which ; prohibits and ma&".es punishable a. deed morally repulsive, containing an. 'element of danger \ to, the community, is easily put . ixitcr effect because it has, as a rule, tn,e backing of the whole nation; tlie prohibited act m this sense becomeis a 'mala m se.' But a -statute intertdieting a practice which, 'm . se,' W not immoral,' and, consequently, doesi not shock social conscience, is not} likely to enlist active support on the part of the community m its enforcement. , "An enactment which irritates or is opposed by the people is liable to cause reaction aiming at the repeal of. the defective bill. Public resentment to such legislation, forcibly or cunningly wrought ' upon a nation, usually assumes three different courses: "(a) Orderly agitation favouring the repudiation *of the par r ticular law: s "(b) Evasion of its consequences; and "(c) Its direct violation. ' "The most alarming feature of national prohibition seems to\be the impetuous spread •of intoxication among American children. "Government meddling with private affairs is always a. dangerous policy. No state m the world is capable of regulating every manifestation of public taste or individual inclinations. General standards of morality and social manners cannot, be radically changed or lifted by the passage' of prohibitive laws. In fact, the lawmaking epidemic is a social calamity, especially when the State undertakes" to prevent such activities as do not interfere with the safety and comfort of the people as a whole. "The theory of democratic government is founded upon three vital principles: — "(a) The faith m the sound judgment and goodwill of the majority of the people; "(b)' Their ability to govern themselves; and i "(c) Their determination to abide by the laws created by themselves. . ' ■ "A government which through legislation attempts to teach the people how much they should eat, when and what they should drink, what they should or should not wear, and why they should not smoke — deliberately repudiates the practice of self-govern-ment. ' "The criminogenic effect of meddlesome and profusive legislation is selfevident: the more, police laws, searches and coercive measures, — the more lawbreakers the State ,is artificially breeding."* , ' . 10