Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844Various
History
Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844
Various
England -- Periodicals; Scotland -- Periodicals
The Liberal party, in the beginning of the present century, were
unanimous in imputing the vast increase of crime to the defects of our
criminal law. The nominal severity of that system, it was said, and said
justly, with its uncertain punishments and frequent opportunities of
escape, afforded in fact a bounty on the commission of crime. Injured
parties declined to give information for fear of being bound over to
prosecute; witnesses were reluctant to give evidence, judges caught at
legal quibbles, juries violated their oaths, in order to save the
accused from a punishment which all felt was disproportioned to the
offence; and thus the great object of criminal jurisprudence, certainty
of punishment, was entirely defeated. There was much truth in these
observations, but much fallacy in the hope that their removal would
effect any reduction in the number of offences. The object sought for
was carried. Humane principles were triumphant. The labours of Sir
Samuel Romilly and Sir James Mackintosh, aided by the cautious wisdom
and experienced ability of Sir R. Peel, produced a total revolution in
our criminal jurisprudence. The old stain has been removed: we need no
longer fear a comparison With the laws of Draco. For the last fifteen
years so many offences, formerly capital, have had that dreadful penalty
removed, that the law in Great Britain, as now practically administered,
is probably the mildest in Europe. Death is scarce ever inflicted except
for murder; in cases of housebreaking, even when attended with personal
violence, it is never thought of. The executions in Great Britain now
range from twenty-five to thirty-five only a-year, instead of a hundred
and fifty or two hundred, which they formerly were. And what has been
the result? Has the promised and expected diminution of crime taken
place, in consequence of the increased certainty of punishment, and the
almost total removal of all reasonable or conscientious scruples at
being concerned in a prosecution? Quite the reverse. The whole
prophecies and anticipations of the Liberal school have been falsified
by the result. Crime, so far from declining, has signally increased; and
its progress has never been so rapid as during the last fifteen years,
when the lenity of its administration has been at its maximum. An
inspection of the returns of serious crimes already given, will
completely demonstrate this.
Public-domain text, read in full here on John Shaqi.
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