I only wish to insist on the question of principle, that is, on
the essentially public character which we assign to
indemnification as a social function. For us, to compare the
liability of the criminal to repair the loss caused by his crime
with the liability arising from breach of contract is simply
immoral.
Crime, just as it implies a social reaction in the form of an
indefinite segregation of the criminal, when the act is serious
and the author dangerous, ought also to imply a social reaction in
the shape of indemnification, accessory to segregation when that
is necessary, or adequate by itself for social defence when the
act is not serious, and the author is not dangerous. For slight
offences by occasional criminals, strict indemnification will, on
the one hand, avoid the disadvantages of short terms of
imprisonment, and will, on the other hand, be much more
efficacious and sensible than an assured provision of food and
shelter, for a few days or weeks, in the State prisons.
Indemnification may naturally take two forms, as a fine or an
indemnity payable to the State, and as an indemnity or a
reparation payable to the injured person.
It may also be added that the State should be made responsible for
the rights of the victims, and give them immediate satisfaction,
especially for crimes of violence, recouping itself from the
offender, as it does, or ought to do, for legal costs.
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