in some states. It is now quite common to imprison offenders with an indeterminate sentence; that is, they are sent to prison for a period the length of which will depend on the conduct of the prisoner himself and on the inclination he shows to live right in the community. Prisoners are comfortably housed and clothed, and are given wholesome food and, if necessary, medical attention. Where the prisoners are illiterate, they are often given instruction in the common branches of education. They are made to work, not so much with the idea of punishment as to teach them habits of industry and to instruct them in some manner of making an honest living. The of crime Greater care than formerly is now taken to prevent crime, in preference to punishing the criminal after the crime is committed. Youthful offenders are prevention sent to reform schools, rather than to prisons designed for more hardened criminals. It was once the custom to imprison young offenders, guilty of some minor offense, together with older and hardened criminals guilty of serious crimes. The result of this was to harden the younger ones by association with the others. In a few cities juvenile courts have been ' established, where only young offenders are tried. Those who have just begun their criminal career are often not punished at all, but are placed on probation; that is, they are given their liberty, but under the eyes of probation officers, or "official parents," who look after them and aid them to get a start in life. Many, who would by punishment be hardened, are thus led to become good citizens. The regulation of crime and the correction of criminals are almost wholly under the control of the state governments. What is considered a crime in one state is not always a crime in another state; that is, while the Regulation of crime by the state act may be just as harmful to the community in one state as in another, some states may have no law on the subject. Unless an act is in violation of the law, it is not legally a crime and cannot be punished as such. The same crime may be punishable in different ways in different states, because the kind of punishment is determined by state law. It would be well if the states could agree more closely in regard to what constitutes crime, and how it should be treated. government The national government has jurisdiction over some kinds of crimes. Since the entire government of the territories and of the District of Columbia is in Regulation the hands of Congress, this body defines crime of crime by in these places and fixes its penalties. Crimes the national against national law, wherever they are committed, are punishable by the national government. The accused person is tried before a federal court in the state where the crime is committed. For instance, violation of the postal laws, counterfeiting money, or evading the laws for the regulation of interstate commerce are crimes punishable by the national government. The national government also has jurisdiction over crimes against the laws of nations, as contained in treaties, and over piracy. One crime against the nation is punishable by death, treason, the worse crime recognized by civilized nations. The Constitution defines treason against the United States as "levying war against them, or in adhering to their enemies, giving them aid and comfort" (Art. III, sec. 3). In order to convict a person of treason there must be two witnesses of the treasonable act to give evidence against him. In order that no injustice may be done to innocent persons, the rights of accused persons are protected care The protection of fully by the Constitution of the United States. It is a principle of law that every accused person is assumed to be innocent until he is proved to be the rights of the accused guilty. Every precaution is taken to secure for him a fair trial. He is entitled to a trial by a jury of his fellow-citizens in the locality where the crime occurred. The accusing witnesses must give their evidence to the court in the presence of the accused and he is entitled to witnesses in his favor, as well as lawyers to defend him. He may not be compelled to testify against himself. These are a few of the careful provisions made to protect even a guilty citizen against injustice. FOR INVESTIGATION 1. What public institutions are there in your community for the care of defective persons? Are there any private institutions of a similar kind? 2. Make a list of all the institutions and associations that you know of in your community for the care of the poor. 3. Is there charity organization in your community? Find out its methods of work. 4. What does your local government do for the relief of the poor? 5. Report on the treatment of criminals in colonial times. (See McMaster, "History of the American People,” vol. I, pp. 93–102.) 6. What reform schools are there in your state? How are the inmates of these schools dealt with? 7. Is there a juvenile court in your community? If so, report on its work, and describe the work of the probation officers. 8. Debate the question, “Capital punishment should be abolished.” REFERENCES Henderson, "The Social Spirit in America," chapter XV. Warner, "American Charities." Wines, "Punishment and Reformation." Morrison, "Juvenile Offenders." Forman, "Advanced Civics," chapters XLIX, L. Goodnow, "City Government in the United States," chapter X. CHAPTER XIX HOW THE CITIZENS OF A COMMUNITY GOVERN THEMSELVES ment Men do not We have now looked at the life of the community from several points of view. We have seen that the people are striving to satisfy their desires in a variety of The purpose ways. We have seen that there are common of governinterests, and that the welfare of one is the welfare of all. Yet it does not always seem so. always recognize their dependence on, and obligation to, others. Sometimes they lack sufficient knowledge to do so. Sometimes they selfishly disregard the rights of others, as, for example, when a man persists in clouding the atmosphere with smoke from his factory, although he knows it is injuring the community; or when a railroad charges unjust rates, or affords inadequate facilities for transportation. Consequently we often get the impression that community life is a life of conflict rather than of harmonious action. Under such imperfect conditions there must be some agency that is more far-sighted than any individual can be, and that is just, to secure the intelligent working together of all. Such an agency government is intended to be. ment the The first idea that we must understand about government in America is that it is intended to be Governthe servant of the people and not their master. servant, not When it begins to act contrary to the will of the master, the people, it goes beyond its rightful powers. people of the The American colonists sought their independence from England because the English government insisted on taxing them, and otherwise exercising authority over them, without their consent. In 1787 a convention of leading men of the country, chosen by their respective states, met in Philadelphia, and after four months of discussion laid before the people of the thirteen states a Constitution, containing a plan of government. The preamble of this Constitution emphasizes the fact that this government was established by the people to do certain things for them. representa tive selfgovernment The simplest form of self-government is where the people meet together and make their own laws. Such Direct and was the town meeting in New England. When the community grows large, it becomes impracticable for the citizens to assemble. Then they resort to the plan of selecting certain of their number to make their laws and perform the other work of government for them. This is representative selfgovernment. The representatives of the people, chosen by the people, act for the people. The next fact about our government that we must understand is its threefold character. In the preceding The threefold character of our government chapters there has been constant reference to local, state, and national governments. Each of us is under the control of all three. It might seem, at first thought, that we are greatly oppressed with government. We must remember that we, the people, are our own rulers, and that we have simply found it more convenient and more to our advantage to have three groups of governing machinery than one. Each group has its particular work to do for us. Let us now see how the division of powers is made among them. |