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Barbarous spectacles were, Paley thought, justly found fault with, as tending to demoralise public feeling. But, he continued, if a mode of execution could be devised which would augment the horror of the punishment, without offending or impairing the public sensibility by cruel or unseemly exhibitions of death, it might add something to the efficacy of[57] example; and by being reserved for a few atrocious crimes might also enlarge the scale of punishment, an addition to which seems wanting, for as the matter remains at present you hang a malefactor for a simple robbery, and can do no more to the villain who has poisoned his father. Something of the sort we have been describing was the proposal, not long since suggested, of casting murderers into a den of wild beasts, where they would perish in a manner dreadful to the imagination, yet concealed from the view. It is interesting after this to learn, that Paley thought torture properly exploded from the mild and cautious system of penal jurisprudence established in this country, and that (to do him justice) he urged private persons to be tender in prosecuting, out of regard for the difficulty of prisoners to obtain an honest means of livelihood after their discharge.
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Lastly, among the crimes of the third kind are especially those which disturb the public peace and civic tranquillity; such as noises and riots in the public streets, which were made for the convenience of men and traffic, or fanatical sermons that excite the easily roused passions of the curious multitude. For their passions gather force from the number of hearers, and more from a certain obscure and mysterious enthusiasm, than from clear and quiet reasoning, which never has any influence over a large mass of men. 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? Shall perchance the shrieks of an unhappy wretch call back from never-receding time actions already executed? The object, therefore, of punishment is simply to prevent the criminal from injuring anew his fellow-citizens, and to deter others from committing similar injuries; and those punishments and that method of inflicting them should be preferred which, duly proportioned to the offence, will produce a more efficacious and lasting impression on the[166] minds of men and inflict the least torture on the body of a criminal.
THREE:The close connection, therefore, of crime and punishment is of the utmost importance, if it be desirable that in rough and common minds there should, together with the seductive idea of an advantageous crime, immediately start up the associated idea of its punishment. Long delay has no other effect than the perpetual separation of these two ideas; and whatever the impression produced by the punishment of a crime, it produces it less as a punishment than as a sight, and only produces it when the horror of the particular crime, which would serve to strengthen the feeling of the punishment, has been weakened in the minds of the spectators.Who, then, will be the rightful interpreter of the laws? Will it be the sovereign, the trustee of the actual wills of all, or the judge, whose sole function[127] it is to examine whether such and such a man has committed an illegal act or not?
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