A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their PreventionColquhoun, Patrick
History
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention
Colquhoun, Patrick
Crime -- England -- London; Police -- England -- London
Though the ruling principle of our Government is unquestionably,
_Liberty_, it is much to be feared that the rigour which the Laws
indiscriminately inflict on slight as well as more atrocious offences,
can be ill reconciled to the true distinctions of Morality, and strict
notions of Justice, which form the peculiar excellence of those
States which are to be characterised as free.
By punishing smaller offences with extraordinary severity, is there
not a risque of inuring men to baseness; and of plunging them into the
sink of infamy and despair, from whence they seldom fail to rise
capital criminals; often to the destruction of their fellow-creatures,
and always to their own inevitable perdition?
To suffer the lower orders of the people to be ill educated--to be
totally inattentive to those wise regulations of State Policy which
might serve to guard and improve their morals; and then to punish them
for crimes which have originated in bad habits, has the appearance of
a cruelty not less severe than any which is exercised under the most
despotic Governments.
There are two Circumstances which ought also to be minutely considered
in apportioning the measure of Punishment--_the immorality of the
action; and its evil tendency_.
Nothing contributes in a greater degree to deprave the minds of the
people, than the little regard which Laws pay to Morality; by
inflicting more severe punishments on offenders who commit, what may
be termed, _Political Crimes_, and crimes against property, than on
those who violate religion and virtue.
When we are taught, for instance, by the measure of punishment that
it is considered by the Law as a greater crime to coin a sixpence than
to kill our father or mother, nature and reason revolt against the
proposition.
In offences which are considered by the Legislature as merely
personal, and not in the class of public wrongs, the disproportionate
punishment is extremely shocking.
If, for example, a personal assault is committed of the most cruel,
aggravated, and violent nature, the offender is seldom punished in any
other manner than by fine and imprisonment: but if a delinquent steals
from his neighbour secretly more than the value of twelve-pence, the
Law dooms him to death. And he can suffer no greater punishment
(except the ignominy exercised on his dead body,) if he robs and
murders a whole family. Some private wrongs of a flagrant nature are
even passed over with impunity: the seduction of a married woman--the
destruction of the peace and happiness of families, resulting from
alienating a wife's affections, and defiling her person, is not an
offence punishable by the Criminal Law; while it is death to rob the
person, who has suffered this extensive injury, of a trifle exceeding
a shilling.
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