Here, then, we have a primary and potent cause of the slight
efficacy of legal punishments, in the picturing of the many
chances of escape. First there is the chance of not being
detected, which is the most powerful spring of all contemplated
crime: then the chance, in case of detection, that the evidence
will not be strong enough, that the judges will be merciful, or
will be deceived, that judgment may be averted amidst the
intricacies of the trial, that clemency may either reverse or
mitigate the sentence. These are so many psychological causes
which, conflicting with the natural fear of unpleasant
consequences, weaken the repellent force of legal punishment,
whilst they are unknown to natural punishment.
There is also another psychological condition which, undermining
even the force of natural punishment, almost entirely destroys the
power of social punishment; and that is improvidence. We see, in
fact, that even the most certain natural consequences are defied,
and lose most of their power to guard an improvident man from
anti-natural and dangerous actions. Now in regard to legal
punishment, even apart from passionate impulse, it is known that
criminals, occasional and other, are specially improvident, in
common <p 106>with savages and children. This weakness is
conspicuous enough in the lower and less instructed classes, but
amongst criminals it is a genuine characteristic of psychological
infirmity.
Now, whilst a very slight force is sufficient to produce very
great and constant effects, when it acts in harmony with natural
tendency and environment, every process, on the other hand, which
is opposed to the natural tendencies of man, or which does not
follow them closely, encounters a resistance which triumphs in the
last resort.
Public-domain text, read in full here on John Shaqi.
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