Temporal punishment

“ 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. ”

“ An immediate punishment is more useful; because the smaller the interval of time between the punishment and the crime, the stronger and more lasting will be the association of the two ideas of Crime and Punishment; so that they may be considered, one as the cause, and the other as the unavoidable and necessary effect. It is demonstrated, that the association of ideas is the cement which unites the fabric of the human intellect ”

“ 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? ”

“ 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. ”

“ 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. ”

“ 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 ”

“ 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? ”

“ 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. ”

“ No more can it be explained than can a human judge, sentencing a convicted criminal and imposing eight years imprisonment instead of the five or nine years that also at the same time floated upward in his brain, explain why he categorically determined on eight years as the just, adequate punishment. ”

“ 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. ”

“ 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? ”

“ 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 ”

“ 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. ”

“ THE more immediately after the commission of a crime, a punishment is inflicted, the more just and useful it will be. It will be more just, because it spares the criminal the cruel and superfluous torment of uncertainty, which increases in proportion to the strength of his imagination and the sense of his weakness; and because the privation of liberty, being a punishment, ought to be inflicted before condemnation, but for as short a time as possible. ”

“ 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 ”

“ 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. ”

“ Men would knock out one another's brains in order to get hung, and escape it. Men would cry aloud to the judge to hang them out of the way! It was the most terrible punishment known, for it was hopeless. ”

“ General principles will here be sufficient, it being impossible to fix precisely the limits of time for any given legislation, or for any society in any particular circumstance. I shall only add, that in a nation willing to prove the utility of moderate punishment, laws, which, according to the nature of the crime, increase or diminish the time of inquiry and justification, considering the imprisonment or the voluntary exile of the criminal as a part of the punishment, will form an easy division of a small number of mild punishments for a great number of crimes. ”

“ THE proofs of the crime being obtained, and the certainty of it determined, it is necessary to allow the criminal time and means for his justification; but a time so short, as not to diminish that promptitude of punishment, which, as we have shewn, is one of the most powerful means of preventing crimes. A mistaken humanity may object to the shortness of the time, but the force of the objection will vanish, if we consider that the danger of the innocent increases with the defects of the legislation. ”

“ In criminal law the death penalty has been abolished, and the various modes of punishment consist of solitary imprisonment, exile, deprivations, suspension from public employment, ordinary imprisonment, and fines. ”

“ The wicked often have their punishment postponed till after they have rendered some important service [iv] in which they are essential agents, and sometimes that, before their own punishment, they may serve as executioners for other guilty persons or communities.
8. There is frequently a peculiar timeliness and appropriateness in delayed punishment.
9. Punishment is delayed only in appearance, but commences when the guilt is incurred, so that it seems slow because it is long. ”

“ It may be objected, that the same punishment inflicted on a nobleman and a plebeian, becomes really different from the difference of their education, and from the infamy it reflects on an illustrious family; but I answer, that punishments are to be estimated, not by the sensibility of the criminal, but by the injury done to society; which injury is augmented by the high rank of the offender. ”

“ It is, then, of the greatest importance, that the punishment should succeed the crime as immediately as possible, if we intend, that, in the rude minds of the multitude, the seducing picture of the advantage arising from the crime, should instantly awake the attendant idea of punishment. ”

“ If, indeed, the punishment is not really inflicted—if it becomes the sham which a few years ago such punishments were rapidly becoming—then, indeed, its adoption would be almost tantamount to giving up the attempt to repress murder altogether. But if it really is what it professes to be, and if it is realized in all its rigour by the popular imagination, as it very probably would not be, but as it must be if it is to be efficacious, it will be so shocking that when the memory of the crime is no longer fresh, there will be almost insuperable difficulty in executing it. ”

“ CHANGING IDEALS IN PENOLOGY.—In the early stages of society the spirit of revenge seems to have been a chief motive in the punishment of criminals, although the desire to prevent crime must also have been a factor. With the progress of civilization revenge declined in importance, and the punishment of the criminal seems to have been undertaken chiefly for the purpose of preventing future crimes. Long periods of imprisonment, inhuman punishments, and the frequent use of the death penalty were characteristic of this attitude toward crime. ”

“ In nine cases out of ten, improper punishment makes the hardened criminals with which your prisons are filled, destroying forever that spark of ambition which might have been fostered into a means to higher ends. ”

“ Nothing is more clear than that the infliction of punishment in general, in a degree which the reformation and the restraint of those who transgress the law does not render indispensable, and none more than death, confirms all the inhuman and unsocial impulses of men. It is almost a proverbial remark, that those nations in which the penal code has been particularly mild, have been distinguished from all others by the rarity of crime. ”

“ The man had incurred previously seven years’ penal servitude for a robbery with violence, and the woman had three times in her life been sentenced to imprisonment. But is it just that, because a man has been severely punished once, no rule nor measure shall be observed with him if he incur punishment again? ”

“ 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 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. ”

“ It is often said that the accused should be given an immediate trial; that this and subsequent proceedings should not be hindered by delay; that the uncertainties of punishment furnish the criminal with the hope of escape and therefore do not give the community the benefit of the terror that comes with the certainty of punishment that could prevent crime. I can see no basis in logic or experience for this suggestion. It is based on the theory that punishment is not only a deterrent to crime, but the main deterrent. ”

“ Connected with these several kinds of punishment is the putting the convict down from one of the upper stories if he is up there. The whole administration of the prison is clothed with terror, and there is no end to its vengeance. The first form of suffering is only the first lash, and each additional form comes in regular succession. ”

“ The most severe punishment must be no other than that which is the mildest possible, according to particular circumstances of time and place. From this all other punishments must be determined, in proportion to the disregard manifested for the rights of others in the crimes committed. ”

“ Somehow, vaguely and dimly as most men see everything, the public realizes that instead of punishments preventing crime, punishments suggest crime. In the olden days when men admitted that vengeance and punishment went together, they were at least more logical, for executions were in the open light of day so all might see and be deterred. ”

“ 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. ”

“ And indeed what prevents our asserting that people in prison under sentence of death are not punished till their heads are cut off, or that the person who has taken hemlock, and walks about till he feels it is getting into his legs, suffers not at all till he is deprived of sensation by the freezing and curdling of his blood, if we consider the last moment of punishment all the punishment, and ignore all the intermediate sufferings and fears and anxiety and remorse, the 343destiny of every guilty wretch? ”