This piece is from a 1947 edition of "The Pilot" .
MY FAITH AND MY JOB: THE POLICE-COURT-MAGISTRATE.
By Judge E.A. Dorey
I feel rather diffident in writing an Article for The Pilot for two reasons, firstly, I am more. used to writing on Political matters than for a Church Magazine, and secondly, though I have been a Jurat for a number of years, it is only a very short time since I was appointed Police Magistrate. I hope, however, that, if I hold that position for many years, disappointments which are occasionally bound to occur will not alter the Opinions that I am expressing now.
The application of Christian principles to our everyday life and work is of vital importance in our distressed and disturbed post-war world. We see around us people who during the last few decades have drifted away from the practice of church attendance and Sunday observance, and a younger generation who appear to have little knowledge or interest in Christian teaching. While church attendance and the acceptance of Christian principles are the foundation of a Christian life, they alone will not produce the structure in which a truly Christian community should live, unless they are applied to everyday life and thought. Our actions must convince the many that Christianity is a living force, the only true Socialism, and that practising Christians form a Brotherhood strong and more united than any Society in the world to-day.
It is distressing to notice the very vague ideas held by many of what is right and what is wrong, and that the determining factor is frequently what is most expedient. Sin and wrong-doing in themselves appear to produce no regret, and being found out is the one great misfortune.
We have all our various duties in a modern community, and there are occasions when it is difficult to determine what is best in all the circumstances. The law imposes certain restrictions, and there are occasions when a Magistrate is faced with peculiar difficulties. All sections of the community are at various times charged with offences of all types, many of a petty nature; but of the more serious offenders some have fallen into unlawful ways of living, because circumstances surrounding their lives have been too difficult for their natures or their early upbringing, while many are just selfish people, who go through life without regard for the feelings and safety of others. For the sub-normal one can only have the deepest feelings of pity and sympathy, and it is regrettable that at the moment there is no means to deal adequately with these unfortunates.
The Juvenile Offender is creating a difficult problem. Whether lack of parental control or unsuitable amusement is producing an increase in this type, it is not easy to determine ; but the lack of religious teaching in the schools and the absence of the well-attended Sunday Schools of some years ago must have a great effect on the rising generation. In most cases help and guidance for a few years may turn a difficult youth into a good citizen, and, where punishment has to be administered, it should be of such a nature, that it will not affect the future wellbeing of the offender. To have a grievance, even if it be an imaginary one, is likely to have a very far-reaching effect on the development of a young man or woman.
Fortunately the modern custom of probation or binding ever, even in sometimes serious cases, is a great step forward; but whether the gathering together in Institutions of large numbers of young persons of criminal tendencies is wise, only long experience can determine; but I am convinced that the imposition of prison sentences on young people is a. mistake.
In a highly organized community the law sets up a standard of behaviour to which all must conform, and provides sanctions to he applied, where there is deviation from that standard. In the not so distant past punishment, often quite unsuitable in the circumstances, was applied without consideration to the effect on the offender and indirectly on the community. The Courts are there for the punishment and prevention of crime, not for the making of criminals; and the unwise and unsympathetic treatment of an offender can often result in the rapid deterioration of an unfortunate person, who might otherwise have again become a decent citizen.
There are, we all realize, a small number of evil persons, who live in an evil way and are the enemies of Society. For the protection of others, and even sometimes of themselves, these must suffer long periods of detention and separation from their fellow men.
Finally, while the Courts are primarily for the purpose of applying such sanctions which the Law has provided, both as a deterrent to others and for the punishment and restraint of the offender, it is well at all times to remember that there is an overriding Law, the principles of which should always be in the mind of the Court. It is better that efforts at redemption should frequently fail, than that one offender should be deprived of the hope of another chance.
By Judge E.A. Dorey
I feel rather diffident in writing an Article for The Pilot for two reasons, firstly, I am more. used to writing on Political matters than for a Church Magazine, and secondly, though I have been a Jurat for a number of years, it is only a very short time since I was appointed Police Magistrate. I hope, however, that, if I hold that position for many years, disappointments which are occasionally bound to occur will not alter the Opinions that I am expressing now.
The application of Christian principles to our everyday life and work is of vital importance in our distressed and disturbed post-war world. We see around us people who during the last few decades have drifted away from the practice of church attendance and Sunday observance, and a younger generation who appear to have little knowledge or interest in Christian teaching. While church attendance and the acceptance of Christian principles are the foundation of a Christian life, they alone will not produce the structure in which a truly Christian community should live, unless they are applied to everyday life and thought. Our actions must convince the many that Christianity is a living force, the only true Socialism, and that practising Christians form a Brotherhood strong and more united than any Society in the world to-day.
It is distressing to notice the very vague ideas held by many of what is right and what is wrong, and that the determining factor is frequently what is most expedient. Sin and wrong-doing in themselves appear to produce no regret, and being found out is the one great misfortune.
We have all our various duties in a modern community, and there are occasions when it is difficult to determine what is best in all the circumstances. The law imposes certain restrictions, and there are occasions when a Magistrate is faced with peculiar difficulties. All sections of the community are at various times charged with offences of all types, many of a petty nature; but of the more serious offenders some have fallen into unlawful ways of living, because circumstances surrounding their lives have been too difficult for their natures or their early upbringing, while many are just selfish people, who go through life without regard for the feelings and safety of others. For the sub-normal one can only have the deepest feelings of pity and sympathy, and it is regrettable that at the moment there is no means to deal adequately with these unfortunates.
The Juvenile Offender is creating a difficult problem. Whether lack of parental control or unsuitable amusement is producing an increase in this type, it is not easy to determine ; but the lack of religious teaching in the schools and the absence of the well-attended Sunday Schools of some years ago must have a great effect on the rising generation. In most cases help and guidance for a few years may turn a difficult youth into a good citizen, and, where punishment has to be administered, it should be of such a nature, that it will not affect the future wellbeing of the offender. To have a grievance, even if it be an imaginary one, is likely to have a very far-reaching effect on the development of a young man or woman.
Fortunately the modern custom of probation or binding ever, even in sometimes serious cases, is a great step forward; but whether the gathering together in Institutions of large numbers of young persons of criminal tendencies is wise, only long experience can determine; but I am convinced that the imposition of prison sentences on young people is a. mistake.
In a highly organized community the law sets up a standard of behaviour to which all must conform, and provides sanctions to he applied, where there is deviation from that standard. In the not so distant past punishment, often quite unsuitable in the circumstances, was applied without consideration to the effect on the offender and indirectly on the community. The Courts are there for the punishment and prevention of crime, not for the making of criminals; and the unwise and unsympathetic treatment of an offender can often result in the rapid deterioration of an unfortunate person, who might otherwise have again become a decent citizen.
There are, we all realize, a small number of evil persons, who live in an evil way and are the enemies of Society. For the protection of others, and even sometimes of themselves, these must suffer long periods of detention and separation from their fellow men.
Finally, while the Courts are primarily for the purpose of applying such sanctions which the Law has provided, both as a deterrent to others and for the punishment and restraint of the offender, it is well at all times to remember that there is an overriding Law, the principles of which should always be in the mind of the Court. It is better that efforts at redemption should frequently fail, than that one offender should be deprived of the hope of another chance.
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