CHAPTER X

THE JUDGE OF THE CRIMINAL

But even if some men deserve punishment, who is to judge? The old

injunction still comes back and ever will return when man arraigns his

fellow, “Let him who is without sin cast the first stone.” To find a

judge without sin in the ordinary meaning of the world is necessarily

out of the question. They must of course pretend to be holier than the

rest, and organized society helps out the farce and fraud. At the best,

one guilty man is set up to judge another,—one man filled with his

weaknesses, his infirmities, his shortcomings, sets himself up to judge

not only that his fellow man is a criminal but that he himself is better

than his fellow. And yet all the past and the present has conspired to

make him good, to keep him from temptation, that he might the better

pass judgment on another, while all the world has conspired to place the

victim where he is. Verily, in the light of infinite justice, no greater

crime could be committed than to judge and condemn your fellows, and if

there shall ever be a final day when the crooked is made straight and

the purpose of all shall be revealed and understood, safer far will be

the man who has received the sentence than the one who has dared to pass

judgment on another’s life and pronounce it bad.

But how is this judge to determine the guilt or innocence of his fellow?

He cannot know his life and does not seek to know. To understand fully

another’s life would require infinite pains and such research as no

judge could give or pretend to give. The judge cannot balance up the

character of his victim; he simply seeks in a poor, clumsy, imperfect

way to ascertain whether he did a certain act. Whatever else he did, his

attitude of mind, his necessities, his early training, his opportunities

and temptations, the number of temptations resisted before one proved

too much—all of this is beyond the power of a human judge to know; yet

all of it bears upon the real character of the man and should go to show

whether, on the whole, he deserves blame or praise, and the extent of

each.

In the light of all this, how many human souls could be guiltily cast

out as bad? It requires infinite pains and almost infinite knowledge to

judge one’s physical condition. A man is suffering from some ailment and

a doctor is called to treat him. The disease may be of long standing and

located in some organ beyond the reach of sight and hearing; he patiently

watches every symptom to know the real condition of the physical man and

the cause that made him ill. He calls the wisest surgeons to consult and

these may never be able to locate the disease, or the cause that made the

patient as he is. But twelve untutored jurors and a judge wantonly and

carelessly set themselves up to pass on the condition of a human soul—a

soul no man has seen or by any chance can ever see,—a life they do not

know and could not understand and do not even seek to understand. They

take this soul and, with their poor light, which at the best is blackest

darkness, they pronounce it bad, and in violence and malice deny it the

right of fellowship with its human brothers, each equally a portion of

the great Infinite which takes all of good and all of bad and makes of

these one great, divine, inclusive whole.

The judge must and does view the conduct of his victim according to

his own ideas of right and wrong. At his best he takes with him to the

judgment tribunal every prejudice, bias and belief that his education,

surroundings and heredity have left on him. He measures the condemned

by the ideal man, and the ideal man must be himself, or one made from

his weak, fallible concepts of right and wrong. Naturally he places

little weight or value upon those vices which are a portion of his own

character, or those virtues which he does not possess, or especially

admire. A judge can see no character or virtue in an accused man, who

would rather suffer imprisonment or death than to betray his fellows.

In the judgment of the courts the betrayer is rewarded, the man of

character and worth condemned. A judge reads the code, “Thou shalt not

steal.” He cannot understand how a so-called thief should have forcibly

taken a paltry sum. He cannot conceive that he, himself, could under any

circumstances have done the like. Such conduct must come from a depraved

and wicked heart—a devil that dwells within the culprit. The common

thief looks at the judge arrayed in fine linen and living in luxury and

ease, with nothing to do but pass judgment on his fellowman. He dimly

understands how much easier it is for the judge to obtain his large

salary than for him to get the poor wages of his hazardous and shifting

trade. But the judge does not begin to comprehend that, if he could

not have received his salary or obtained a tolerable life in any of the

endless grades of activity between his profession and the thief’s, very

easily he might have been the victim with some other fortunate man to

pronounce him bad. Human judgments are not passed in view of all the

circumstances of the case. If this was the condition of human judgments,

no man could be condemned.

Resist not evil · 第 10 / 16 章