A History of Police in EnglandLee, W. L. Melville (William Lauriston Melville)
History
A History of Police in England
Lee, W. L. Melville (William Lauriston Melville)
Police -- England
It can easily be demonstrated that an inverse ratio exists between
the efficiency of police and the severity of sentences.[164] The
more difficult the commission of crime is made, the less necessity
will there be for deterrent measures that savour of vindictiveness.
The intimate knowledge that an effective police have of the habitual
criminal class is not only a safeguard against the conviction of the
innocent, but renders it possible to deal leniently with the juvenile,
and with the casual, offender. Within reasonable limits, the fear of
almost certain detection is a far stronger deterrent than the distant
prospect of severe punishment. Sir Samuel Romilly speaking in the House
of Commons in 1810 said, "if it were possible that punishment, as a
consequence of guilt, could be reduced to an absolute certainty, a very
slight penalty would be sufficient to prevent almost every species
of crime, except those which arise from sudden gusts of ungovernable
passion. If the restoration of the property stolen, and only a few
weeks, or even but a few days imprisonment, were the unavoidable
consequence of theft, no theft would ever be committed. No man would
steal what he was sure he could not keep."
Romilly made strenuous efforts to persuade the government to reduce the
number of offences punishable by death, but without immediate success.
Sir James Mackintosh followed in his footsteps, and in 1822 proposed
to the House that measures should be adopted "for increasing the
efficiency of the Criminal Law by mitigating its vigour." It is worthy
of remark that, at this time, Peel opposed the principles advocated by
Mackintosh and Romilly, though seven years afterwards he was the author
of the Act that gave effect to a part of Romilly's ideal, "a vigilant
and enlightened police, and punishments proportioned to the offender's
guilt."
The savage rigour of the penal code defeated its own ends in many
ways. People would not give evidence that might condemn a man to such
barbarous treatment; juries would not always convict, even when the
evidence was perfectly clear.
Consequently the law often became a dead letter, and the prospective
criminal had many inducements to tempt him to break it; for, in the
first place, he probably would never be caught; and in the second
place, the chances were, that the jury would evade the responsibility
of giving a verdict, that might lead to a sentence, that would be an
outrage to their humanity.
Public-domain text, read in full here on John Shaqi.
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