Cruel and unusual punishment

“ It is not the idea of pain that makes me abhor bodily punishment, but the deep humilation that the victim must feel. And also the harm it does to the one who punishes. Physical punishment embitters, but never cures. ”

“ In proportion as punishments become more cruel, the minds of men, as a fluid rises to the same height with that which surrounds it, grow hardened and insensible; and the force of the passions still continuing, in the space of an hundred years, the wheel terrifies no more than formerly the prison. That a punishment may produce the effect required, it is sufficient that the evil it occasions should exceed the good expected from the crime ”

“ If, in our horror of inflicting death, we endeavour to devise some punishment for the living criminal which shall act on the human mind with a deterrent force at all comparable to that of death, we are driven to inflictions less severe indeed in appearance, and therefore less efficacious, but far more cruel in reality. Few, I think, would venture to propose, as a punishment for aggravated murder, less than imprisonment with hard labor for life ”

“ Society is asked, then, to denude itself of an instrument of punishment which, in the grave cases to which alone it is suitable, effects its purposes at a less cost of human suffering than any other; which, while it inspires more terror, is less cruel in actual fact than any punishment that we should think of substituting for it. ”

“ Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
[Pg 564] "Whoever is guilty of murder, shall suffer the punishment of death or imprisonment in the penitentiary for his natural life, or for a term of not less than fourteen years. ”

“ We call that punishment cruel which visits us without our doing an injury which deserves it; and, as we never wished to be in the vicinity of the Nettles, nor, therefore, to injure them, our boyish fancy looked upon them as cruel. ”

“ Imprisonment as practised in modern times has followed from the last-named class of punishments. Although affecting the individual, and in many of its phases with brutal and reckless disregard for human suffering, it can hardly be styled a purely personal punishment, upon which I propose now more particularly to treat, and the present chapter will deal only with penalties corporeal.
Taking first the punishments which fell short of death, those most common in this country until comparatively recent times, were branding, mutilation, dismemberment, whipping, and degrading public exposure. ”

“ There is not, I should think, any human infliction which makes an impression on the imagination so entirely out of proportion to its real severity as the punishment of death. The punishment must be mild indeed which does not add more to the sum of human misery than is necessarily or directly added by the execution of a criminal. ”

“ The uncertainty of crimes hath sacrificed more victims to secret tyranny, than have ever suffered by public and solemn cruelty. What are, in general, the proper punishments for crimes? Is the punishment of death really useful, or necessary for the safety or good order of society? Are tortures and torments consistent with justice, or do they answer the end proposed by the laws? Which is the best method of preventing crimes? Are the same punishments equally useful at all times? ”

“ We refrain from such fantastic punishments, largely because we do have some notion of making the punishment fit the crime, and not merely fit the community. If the State were the sole consideration, it may be inferred a priori that people might be much more cruel. ”

“ THE useless profusion of punishments, which has never made men better, induces me to inquire, whether the punishment of death be really just or useful in a well governed state? What right, I ask, have men to cut the throats of their fellow-creatures? ”

“ Death was a well-known method of punishment, prescribed by law, and it was, of course, painful, and in that sense was cruel. But the infliction of this punishment was clearly not prohibited by the word 'cruel,' although that word manifestly was intended to forbid the resort to barbarous and unnecessary methods of bodily torture in executing even the penalty of death. ”

“ Many cruelties have been enacted in the past in the name of prison discipline—solitude, darkness, chains, floggings, tread wheels and cranks, even until a comparatively recent period, were regarded as the essential accessories of punishment. In studying the history of punishment, we cannot fail to be struck by the singular inventiveness of the human mind in designing forms of suffering for those who broke the law—crucifixion, mutilation, stoning, drowning, torture. ”

“ I confess that they did not affect me as they seemed to affect most of my colleagues. An execution, with the violent thrusting of a human soul into the unknown, moved me deeply; but the physical punishment of a ruffian who had himself inflicted atrocious suffering upon some innocent person seemed to be such well-deserved retribution that even the coward's shrieks for mercy made no impression upon my nerves; and yet I have seen reporters who could laugh and joke at an execution faint at the flogging of a garrotter. So differently are human beings constituted! ”

“ ALL mankind being exposed to the attempts of violence or perfidy, detest the crimes of which they may possibly be the victims: all desire that the principal offender and his accomplices may be punished; nevertheless, there is a natural compassion in the human heart, which makes all men detest the cruelty of torturing the accused in order to extort confession. The law has not condemned them, and yet, though uncertain of their crime, you inflict a punishment more horrible than that which they are to suffer when their guilt is confirmed. ”

“ Reading a foreign history, the locality of which I do not remember, I found the description of another punishment, called the Embrace;—which put an end to the criminal’s existence, by a machine constructed in the form of a beautiful woman, and so contrived, that the miserable victim was pressed to death by being folded in her arms. This crime, however detestable, has certainly spread itself, and tainted the whole face of the creation ”

“ I had a great desire to know among other things all about the various grades of sentences and punishments, the varying severity of the different forms of punishments, the attitude of the convicts themselves. I tried to picture to myself the psychological condition of men going to punishment. I have mentioned already that it is unusual for anyone to be unconcerned before punishment, even those who have been severely punished and on more than one occasion. The condemned are overcome by an acute purely physical terror, involuntary and irresistible, which masters the man’s whole moral being. ”

“ The peculiarly horrid manner in which the crime was committed, and the audacious style in which the criminal appears to brave justice, will, it is thought, prevent any extenuating circumstances being pleaded, as is usually done, for the purpose of commuting the punishment of death into imprisonment with enforced labour. ”

“ Let us consider the proportion of the punishment to the guilt, before we inflict the sentence. Acting as Christians, let us consider how great is our crime, if as the English law directs, we send men unshrived by repentance of their sins into another world in despair. For how must these criminals think of their crimes? If man, they will say, if man, weak, frail, and mortal as he is, punishes with the greatest severity he can inflict, these crimes; if man, sinful man, acts thus, they will say, how will God, who knows not human weakness, who is justice itself, how will he look upon our sins? ”

“ No one will deny that punishment is necessary, but is it necessary that the punishment should breathe a spirit worse than the crime itself? Is it necessary that society should have murder on murder arranged in formidable array against it, for the smaller crimes of individuals of robbery and swindling? ”

“ The proposition put forward by counsel, that, if the court has authority to inflict the punishment prescribed, its action is not void, though it pursues any form or mode which may commend itself to its discretion, is certainly not to be tolerated. Imprisonment might be accompanied with inconceivable misery and mental suffering, by its solitary character, or other attending circumstances. Death might be inflicted by torture or by starvation, or by drawing and quartering. ”

“ To every crime, which from its nature must frequently remain unpunished, the punishment is an incentive. Such is the nature of the human mind, that difficulties, if not insurmountable, nor too great for our natural indolence, embellish the object, and spur us on to the pursuit. ”

“ Thus, to a villainous action, is superadded the guilt of becoming instrumental to the murder perhaps of their own countrymen, and at any rate of occasioning the innocent to undergo the punishment of the guilty. ”

“ Nor is there any one who would suppose that the pains of punishment should occupy as short a time as the offence; or that murder, adultery, sacrilege, or any other crime, should be measured, not by the enormity of the injury or wickedness, but by the length of time spent in its perpetration. Then as to the award of death for any great crime, do the laws reckon the punishment to consist in the brief moment in which death is inflicted, or in this, that the offender is eternally banished from the society of the living? ”

“ It was customary, moreover, in sentencing a man to the pillory, to make the punishment fit the crime as much as possible, and to compel the culprit to advertise his guilt in some personally unpleasant fashion ”

“ Whoever shall, by violence, do bodily harm to the person of another shall be arrested, and suffer such punishment as may on trial be adjudged against him; and should death result from such bodily harm done to the person of another, the offender shall be arrested, and suffer such punishment as may be adjudged against him. ”

“ First, there are certain punishments that inherently involve so much physical pain and suffering that civilized people cannot tolerate them - e. g., use of the rack, the thumbscrew, or other modes of torture. ”

“ The number of crimes for which death and bodily torture have been the punishment can scarcely be recorded, and if they could it would be of no value. They would run into the hundreds and probably the thousands. ”

“ From the simple consideration of the truths hitherto demonstrated it is evident that the object of punishment is neither to torment and inflict a sensitive creature nor to undo a crime already committed. Can he, whose function it is, so far from acting from passion, to tranquillise the private passions of his fellows, harbour in the body politic such useless cruelty, the instrument either of furious fanatics or of weak tyrants? ”

“ Under such circumstances it is but natural that the principle, 'a life for a life,' which has been borrowed from the institution of blood-revenge and has been applied to the punishment for murder, should be developed into a scale of physical punishment representing the more general principle 'like for like.' He who has destroyed the eye of another, must lose his own eye; whoever has disabled another's arm, must have his arm cut off, etc. ”

“ If we were, in imagination, to place ourselves in the chamber of the condemned, or by the fire-side of the mere spectator of an execution, we shall find the heart of the first generally in a morbid state, whilst the spectator commiserates the fate of the condemned more than he learns to reprobate the crime for which the guilty one suffered.{221}
Punishment, when strained beyond what is necessary becomes revenge; punishment, also, should never exceed, but rather be milder than, public opinion. ”

“ Sometimes the punishment awarded to a prisoner was mutilation instead of death. Cutting off the ears close to the head, blinding the eyes with burning-irons, cutting off the nose, and plucking out the tongue by the roots, have been in all ages favorite Oriental punishments. ”

“ Men do not, in general, commit great crimes deliberately, but rather in a sudden gust of passion; and they commonly look on the punishment due to a great crime as remote and improbable. The public punishment, therefore, of small crimes will make a greater impression, and, by deterring men from the smaller, will effectually prevent the greater. ”

“ The end of punishment, therefore, is no other, than to prevent the criminal from doing further injury to society, and to prevent others from committing the like offence. Such punishments, therefore, and such a mode of inflicting them, ought to be chosen, as will make the strongest and most lasting impressions on the minds of others, with the least torment to the body of the criminal. ”

“ The first is, that it is not so easy to preserve the essential proportion between crime and punishment, because, however much a studied cruelty may diversify its forms, none of them can go beyond the extreme limit of endurance which is a condition of the human organisation and sensibility. ”

“ The effect of Capital Punishment on the commission of Murder.
Some murders are committed in hot blood and furious rage; some, in deliberate revenge; some, in terrible despair; some (but not many) for mere gain; some, for the removal of an object dangerous to the murderer’s peace or good name; some, to win a monstrous notoriety.
On murders committed in rage, in the despair of strong affection (as when a starving child is murdered by its parent) or for gain, I believe the punishment of death to have no effect in the least. ”

“ Wounding and killing seemed ephemeral pains, so very brief and sore was life with us. With the sorrow of living so great, the sorrow of punishment had to be pitiless. We lived for the day and died for it. When there was reason and desire to punish we wrote our lesson with gun or whip immediately in the sullen flesh of the sufferer, and the case was beyond appeal. The desert did not afford the refined slow penalties of courts and gaols. ”