Does it then follow that no one shall be restrained from freedom on account of either his actions or his nature?  It is really idle to ask this question.  No matter what one may think of the so-called criminal and his responsibility, or quite regardless of whether we feel pity or hatred, the great mass of the community will not suffer one who has little self-control to interfere seriously and directly with the peace and happiness of the community in which he lives.  Whether by the action of the law or by vigilance committees, some men will not be allowed to be at large.  Doubtless under proper treatment and environment most of this sort of anti-social conduct would disappear, but for many years to come it will remain.

Taking away the liberty of another has only one justification.  The great mass of people in any community must and will act for self-defense.  It needs no fine-spun theories to justify it.  Hatred should have nothing to do with it.  The conduct of man in this regard is only like that of the animal which destroys the one that is inimical to the pack or herd.  The self-protection of the group is the same as the self-protection of the individual.  Both the group and the man will save their lives against a lunatic or any other menace, regardless of the nature of the menace.

Punishment, in the proper meaning of the term, cannot be justified by any reasoning.  Punishment really means the infliction of pain because the individual has wilfully transgressed.  Its supposed justification is that somehow the evil done is atoned for, or made good, or balanced if the author of the evil shall suffer pain.  Punishment means that the suffering by the victim is the end, and it does not mean that any good will grow out of the suffering.  It seems as if the question only needed to be stated for right-thinking men to deny the validity of punishment.

It may be argued that whether the victim is punished or simply restrained can make no difference.  In this lies the whole difference between scientific and humane treatment of the unfortunate, and the vengeful punishments that have always been visited by the strong upon the helpless and the weak.  Society restrains the imbecile, the dangerously insane, the victims of deadly, contagious diseases.  All these are restrained without any feeling of hatred, but with pity and understanding.  Society does not keep one of these persons under restraint after he has sufficiently recovered to make it safe to return him to the community; neither does it release one until he is safe.  It uses the best methods for his treatment that may make him fit to live with his fellows, and the best efforts to place him in a proper environment when discharged.  Neither does any disgrace nor humiliation nor handicap attach to the unfortunate when discharged.  In a sense, the attitude of mind held by the group toward the “criminal” is the whole question.  From this everything follows, and without it change or humanity or hope is not possible.