The evolution of punishment is a striking proof of this. First,
the reaction against crime is an entirely private concern; then it
assumes a weaker form in pecuniary reparation, whereof, by and by,
a portion goes to the State, which presently retains the whole
sum, leaving to the victim the poor consolation of proceeding
separately for an indemnification. Nothing therefore could be
more in accord with this evolution of punishment than the proposed
reform, whereby <p 223>the indemnification of a merely private
injury, as it is regarded in the primitive phase of penal justice,
becomes a public function, so far as it is the legal and social
consequence of the offence.
The classical principles in this respect, and the practical
consequences which flow from them, are more like a humorous farce
than an institution of justice; and it is only the force of habit
which prevents the world from realising its full comicality.
In fine, citizens pay taxes in return for the public services of
the State, amongst which that of public security is the chief.
And the State actually expends millions every year upon this
social function. Nevertheless, every crime which is committed is
followed by a grotesque comedy. The State, which is responsible
for not having been able to prevent crime, and to give a better
guarantee to the citizens, arrests the criminal (if it can arrest
him--and seventy per cent. of _*discovered_ crimes go unpunished).
Then, with the accused person before it, the State, ``which ought
to concern itself with the lofty interests of eternal justice,''
does not concern itself with the victims of the crime, leaving the
indemnification to their prosaic ``private interest,'' and to a
separate invocation of justice. And then the State, in the name
of eternal justice, exacts from the criminal, in the shape of a
fine payable into the public treasury, a compensation for its own
defence--which it does not secure, even when the crime is only a
trespass upon private property!
Thus the State, which cannot prevent crime, and can only repress
it in a small number of cases, and <p 224>which fails accordingly
in its first duty, for which the citizens pay it their taxes,
demands a price for all this! And then again the State,
sentencing a million and a half to imprisonment within ten years,
puts the cost of food and lodging on the shoulders of the same
citizens, whom it has failed either to defend or to indemnify for
the loss which they have suffered! And all in the name of eternal
retributive justice.
This method of ``administering justice'' must be radically
altered. The State must indemnify individuals for the damage
caused by crimes which it has not been able to prevent (as is
partially recognised in cases of public disaster), recouping
itself from the criminals.
Public-domain text, read in full here on John Shaqi.
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