A much larger class of people offers the excuse that punishment deters
from crime. In fact, this idea is so well rooted that few think of
questioning it. The idea that punishment deters from crime does not mean
that the individual prisoner is prevented from another criminal act. A
convicted man is kept in jail for as long a time as in the judgment of
the jury, the court, or the parole board, will make him atone, or at
least suffer sufficiently for the offence. If the terms are not long
enough, they can be made longer. The idea that punishment deters, means
that unless A shall be punished for murder, then B will kill; therefore
A must be punished, not for his own sake, but to keep B from crime. This
is vicarious punishment which can hardly appeal to one who is either
just or humane. But does punishing A keep B from the commission of
crime? It certainly does not make a more social man of B. If it operates
on him in any way it is to make him afraid to commit crime; but the
direct result of scaring B is not to keep him from the commission of
crime, but to make him use precautions that will keep him safe from
discovery. How far the fear of detection and punishment prevents crime
is, of course, purely theoretical and cannot be settled either by
statistics or logic. One thing is sure, that if B is kept from crime, it
is through fear, and of all the enemies of man, fear is the one which
causes most misery and pain.
There are many facts that show that the punishment of one does not deter
others. Over and over again crimes are committed, by the young
especially, that resemble in every detail a previous crime which has
received large publicity through the newspapers, often through the
hanging of some culprit. Even the unthinking public, always clamoring
for severe penalties, does not believe that the example of punishment
deters. The public forbids the exhibition of pictures of hangings and of
crimes. 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.
Public-domain text, read in full here on John Shaqi.
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