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The classical principle that indemnification for loss caused by an
unlawful act is a purely civil and private obligation of the
offender (like that created by any breach of contract!), and that
in consequence it ought to be essentially distinct from the penal
sentence which is a public reparation, has inevitably caused the
complete oblivion of indemnification in every-day judicial
practice. For the victims of crime, finding themselves compelled
to resort to the courts, and fearing the expense of a civil trial
to give effect to the sentence of damages and interest thereon,
have been driven to abandon the hope of seeing their loss actually
and promptly compensated. Hence the necessity for some paltry
compromise, which has to be accepted almost as a generous
concession from the offender, together with the revival of private
vengeance, and a loss of confidence in the reparatory action of
social justice.
Even in the scientific domain it has come about that criminal
experts have abandoned the question of indemnification to the
civil experts, and these in their turn have almost suffered it to
pass into oblivion, inasmuch as they always regarded it as
belonging to matters of penal law and procedure.
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