Involuntary action

“ Now as two equal and opposite desires are thus supposed to balance each other, and prevent all action, it follows, that if one of these hay-stacks was suddenly removed, that the ass would irresistibly be hurried to the other, which in the common use of the word might be called an involuntary act ”

“ Every thing must be considered as of importance by a soldier, replied my Prussian acquaintance, which his officer orders him to do. In all probability, the fault was involuntary; but it is not always possible to distinguish involuntary faults from those that happen through negligence. To prevent any man from hoping that his negligence will be forgiven as involuntary, all blunders are punished, from whatever cause they happen; the consequence of which is, that every man is more attentive and alert than he would otherwise be. ”

“ The knowledge of this anticipatory image may give even a clew to the criminal, for it may indicate the nature of the person who could act it out and realize it. Also in our field there exists “duplication of cases.”
The condition of action in great crowds offers remarkable characteristics. The most instructive are the great misfortunes in which almost every unhappy individual conducts himself, not only irrationally but, objectively taken, criminally towards his fellows, inasmuch as he sacrifices them to his own safety without being in real need. ”

“ As we said just last term, 'The abhorrence of society to the use of involuntary confessions * * * also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; ”

“ Disobedience of orders, combinations to refuse duty, dishonest conduct, personal insolence, and habitual negligence and backwardness, are all causes which justify punishment in a greater or less degree. ”

“ Punishment coming in this way, and administered in this spirit, will irritate the mind and injure the temper comparatively little; and, instead of being less; will be much more effective in accomplishing the right kind of cure for the fault, than any stern, severe, and vindictive retribution can possibly be. ”

“ The one which is committed from sudden impulse, though not wholly involuntary, bears the image of the involuntary, and is therefore the more excusable of the two, and should receive a gentler punishment. The act of him who nurses his wrath is more voluntary, and therefore more culpable. The degree of culpability depends on the presence or absence of intention, to which the degree of punishment should correspond. ”

“ We can not measure guilt or culpability, which may be of all degrees from nothing to infinity perhaps, but we can to some extent scale the effectiveness of restraint, if criminal impulse is not absolutely irresistible. ”

“ In the same way we must never forget that the prosecution of some very habitual activity is in no sense evidence of responsibility. Especially when some action has very fine-drawn limits, and the actor knows that a false grip will result in questionable consequences, the habitual movement will be made instinctively. The soldier will properly carry out his obligations of service, the coachman drive home, unharness, and look after the horses, even the locomotive engineer will complete his difficult task without a break—then, however, they fall and sleep their drunkenness off. ”

“ An involuntary mishap has taken place. Indeed, what mishap is voluntary? And now those who have made up this suit against him, carrying with it the penalty of death, have turned his mishap into matter of accusation. ”

“ I have written of the discouraged criminal—the man who has given up crime because he has discovered that it was not worth the pains it cost him. Punishment, or expiatory discipline, if you please, has brought him to this conclusion. Here is good penology for us. If a man does wrong, wilfully and knowingly, he must be disciplined till he learns that society will not [Pg 27] tolerate such conduct. The discouraged criminal is one who has been thus instructed. Now that he is a tramp, the same principle must be applied to him again: make him a discouraged vagabond. ”

“ Book Third takes up the consideration of the Virtues in detail, but prefaces them with a dissertation, occupying five chapters, on the Voluntary and Involuntary. Since praise and blame are bestowed only on voluntary actions,—the involuntary being pardoned, and even pitied,—it is requisite to define Voluntary and Involuntary. What is done under physical compulsion, or through ignorance, is clearly involuntary. What is done under the fear of greater evils is partly voluntary, and partly involuntary. Such actions are voluntary in the sense of being a man's own actions ”

“ You were willing to risk everything here; you were willing to risk hereafter everything that may be the fate of those who lay violent hands upon their own lives. Why need you risk anything at all, either for the boy's sake or in the hereafter, because of laying violent hands upon your life? ”

“ Are you not ashamed, you little scoundrel, to attempt to do hurt to those who have never injured you, and to want to add to the suffering of those who already are sufficiently miserable? Although you escape now, be assured, sir, that if you do not repent and mend your manners, you will meet with a severe punishment for your bad behavior. ”

“ Force we may define as physical or intangible power or influence to effect change in the material or immaterial world. Coercion is the use of either physical or intangible force to compel action contrary to the will or reasoned judgment of the individual or group subjected to such force. Violence is the willful application of force in such a way that it is physically or psychologically injurious to the person or group against whom it is applied. Resistance is any opposition either physical or psychological to the positive will or action of another. ”

“ In the alloting of punishment the age, former social status or mental qualities of the offender are rarely taken into account. There are no excuses, no explanations. Take the gravest crime of all—cowardice. ”

“ The law of cause and effect stands for natural consequences; the law of punishment substitutes artificial consequences; and we fly to punishment largely as an escape from the results of our age-long indifference to natural consequences. Having produced the criminal we set to work to destroy his self-respect, as a short cut to the preservation of our own. ”

“ He put himself under obligation--in moments of supreme need--to dangerous persons, and suffered from the familiarity and perhaps the contempt of some who were his inferiors in breeding, in heart, and in soul. ”

“ Remember that you are forming a habit which will lead on to the commission of every crime to which the propensities of your nature, rendered violent by indulgence, can urge you. Before you are aware, you may find yourself awaking from a fit of intoxication, guilty of offences against the laws of your country which will draw down just vengeance upon your head; abhorring yourself, and an abhorrence in the sight of heaven. ”

“ Must not such a cruel constraint have an influence upon their temper as well as upon their constitution? Their first feeling is a feeling of constraint and of suffering. To all their necessary movements they find only obstacles. More unfortunate than chained criminals, they make fruitless efforts, they fret themselves, they cry. ”

“ ON TRANSPORTATION. The frequency of capital punishment in this country has long excited a general feeling of abhorrence, not merely from the removal of a malefactor from the stage of life, but the distress produced in the display of a scene relieving the unfortunate sufferer from worldly troubles, yet leaving a too painful impression on the mind of the spectator. There is a hallowed reverence thrown around the grave of even the hardiest offender whose crimes have been expiated by his death. ”

“ To diminish crimes' of all sorts, let the teaching of self-control, the subordination of the emotions to the will, a knowledge of the nervous system, and a worthy, definite object in life, become a part of the education of every youth, male and female. Many crimes which are penally punished are the outcome of semi-insane persons, whose really abnormal condition is not recognized by court or jury, while others are excused as insane when their culminating crime is but the outcome of habitual indulgence of violent temper. ”

“ But unfortunately, when you are dealing with crimes of violence, moral suasion and gentle treatment produce nothing more poignant in the bosom of your adversary than a sensation of amused and derisive contempt. ”

“ Although we have come to adopt modern ideas about the infliction of physical pain in punishment, we cannot depart far from its fundamental theory and motive. In the past, physical pain has been employed also, in lynching and in regular proceedings, to enforce conformity, and to suppress dissent from the current mores of the society. ”

“ To diminish the evil, to lessen the effect of guilt, to save self-respect, and restore man to the duties and enjoyments of society, are the objects of the labors of the Agent, when he interferes to save even the offender from such a punishment as shall operate upon him beyond the demands of the law, and, reaching even over the culprit, shall bring misery and disgrace and ruin upon his dependent family. ”

“ 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, as will be shown from a closer examination of the various methods of corporeal punishment. ”

“ Yet there was no sign of it: no pointing, accusing hands reached out, nobody gave way to the natural impulse of those who have witnessed a revolting crime—to hurl themselves upon the criminal, to strike him or do him injury. ”

“ 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. ”

“ I have not philosophy enough to check the violence of my temper when once I am provoked.”
“You certainly do yourself injustice, Sir,” said the officer; “no person seems to have their passions under better discipline. ”

“ Rarely is allowance made for the infirmity of human nature; the good resolves of the convict are shaken for want of confidence; despair of doing good so as to be approved, and disregard of well doing from want of due encouragement, fasten too frequently on the mind, and criminality again brings punishment, disgrace, and inevitable ruin of character. ”

“ In that event I should have a witness and the detection and punishment of the offenders would exonerate all those who in case of my removal would have part of the criminal credit of molesting the private residence of a professor and a [Pg 29] scholar. 2d, The fear of personal injury from the hands of one, who for many years past has been known to be a man of peaceable and unexceptionable behavior and who never attacked or struck any man in his life, appears to have its origin in a consciousness of guilt and to be a virtual admission of it. ”

“ In cases involving the excessive use of force the central question is whether the force was applied with good intentions in an attempt to restore order or maliciously and sadistically with the purpose of causing harm. ”

“ I had learned the lesson of violence in prison, and I believed that I lived in a world of violence, had to use violence, and use it first. I had no more thought of right or wrong than a wolf that prowls the prairie. I hunted because I was hunted myself, and I showed no consideration for anybody or anything because I knew I would receive none.
[385] “I was a habitual criminal. I had formed the criminal habit. Habit is the strongest thing in life, and criminals such as I have described obey the impulse to commit a crime almost subconsciously. ”

“ A suffering which befalls a man in the natural and spontaneous course of things, shall be styled, for instance, a calamity; in which case, if it be supposed to befall him through any imprudence of his, it may be styled a punishment issuing from the physical sanction. ”

“ Instead of marking down the offenders for future punishment, they inflicted worse punishment on us by making us thoroughly ashamed of ourselves. Lining up across the road, they bade us halt for a space, telling us that they had a bet to decide, and it must be decided at once. ”

“ If another break my arm by violence, this will not certainly give him additional health or strength; if he stun me by a blow or inflict torture on my limbs, it is I who feel the pain, and not he; and it is hard if I, who am the sufferer, am not allowed to be the judge. ”

“ So I constantly deteriorated in my lonely life--grew more savage, instead of more cultivated. Do you know what is the hardest punishment which can be inflicted upon criminals? Solitary confinement. It can be imposed for a short time only, because they go mad. ”

“ The care of the violent insane involves the careful study of each case, with constant watchfulness, and the exercise of a control that is kind, but firm and unyielding, that does not repress except when necessary, nor restrict without reason, that indulges whenever possible, [Pg 49] that never drives, scolds, or threatens, but influences, guides, and directs. The greatest liberty possible should be allowed, and self-control encouraged, and work, occupation, and amusement should be furnished. ”

“ Such an illegal examination, brutally conducted, covers the helpless and innocent with the awful shadow of fear fathered by the suspicion of cruel abuse, and the victims of such gross assault, in their loneliness, beyond all help, are forced to appear guilty of something when they are not. ”

“ The woes that are reserved for me are incapable alike of alleviation or intermission.
But I came not hither to recriminate. I came not hither to accuse others, but myself. I know the retribution that is appointed for guilt like mine. It is just. I may shudder at the foresight of my punishment and shrink in the endurance of it; but I shall be indebted for part of my torment to the vigour of my understanding, which teaches me that my punishment is just. Why should I procrastinate my doom and strive to render my burden more light? ”