Capital punishment, according to the opinion of my father, should only be applied in extreme cases, but the fear of it, suspended like a sword of Damocles above their heads, would serve as a check to the murderous proclivities displayed by some criminals when they are condemned to perpetual imprisonment. We have, it is true, no right to take the lives of others but if we refuse to recognise the legitimacy of self-defence, exile and imprisonment are equally unjustifiable. When we realise that there exist beings, born criminals, who are organised for evil, who reproduce the instincts common to the wildest savages and even those of ferocious carnivora, and are destined by nature to injure others, our resentment becomes softened; but notwithstanding our sense of pity, we feel justified in demanding their extermination when they prove to be dangerous and absolutely irredeemable. PENALTIES PROPOSED BY THE MODERN SCHOOL The following tables, compiled by Senator Garofalo, a celebrated jurist of the Modern School and inserted in _Criminal Man_, vol. iii, show the distribution of penalties systematically arranged. I. Born Criminals who are utterly devoid of the sentiment of pity. _Offender_ _Crime_ _Penalty_ Murderers exhibiting Murder for lucre or Prison, penal colony, moral insensibility some other egotistical criminal insane and instinctive object asylum, or cruelty, capital punishment convicted of Murder without if recidivists. provocation on the part of the victim Murder with ferocious execution II. Violent and Impulsive Criminals, Criminaloids, and those guilty through insufficiency of pity, of decency, of inhibitory power, and through prejudiced notions of honor. _Offender_ _Crime_ _Penalty_ Adults convicted of Cruelty, assault Criminal insane and battery, rape, asylum for epileptics, kidnapping or Indefinite seclusion for a period equal to one of the natural divisions of a man's life, with period of supervision. Minors convicted of Murder, cruelty Special reformatories, and other offences criminal insane against the person asylum if there are without provocation congenital tendencies.