Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Punishments may be divided into three classes; capital, when the death
of the offender is intended to deter others from similar offence;
precautionary, when a noxious individual is removed from general society
by imprisonment or transportation; and correctional, when by some pain
or penalty inflicted on the individual, he is to be deterred from future
crime. Though the subject would admit of much curious detail, our
remaining space will not allow us to trace the different modes or
modifications of legitimate punishment used in various nations or ages;
nor to enter our protest of abhorrence against the many and inhuman
tortures which religious fanaticism or political rancour have invented
for their antagonists; the only point on which we can physiologically
have occasion to observe, as applicable to the capital punishments of
the present times, is, that they should be inflicted with as little pain
as possible to the criminal, lest compassion for the sufferings of the
man, should supersede the salutary horror of his offence; an end which
is really, though not apparently, attained in our ordinary mode of
execution by hanging; the victim does not suffer, though sometimes his
convulsive struggles induce a contrary belief; but the method is
defective in one point, it is not calculated to produce a deep
impression on the minds of spectators, _Pompa mortis magis terret quam
mors ipsa_. The French mode of decapitation, though held in abhorrence
from the outrages with which its very name has become associated, is
equally humane; an instant terminates the mortal sufferings of the
criminal; for this reason it was originally adopted, and when we
consider that it superceded the barbarous punishment of breaking on the
wheel, previously in use, and the clumsy and uncertain method of
decapitation by the sword or axe, we feel ourselves justified, in spite
of popular prejudice, in designating the guillotine[105] an invention of
humanity.
Decapitation is also a punishment known in the law of England, and as a
more dignified and impressive death, is reserved for the execution of
nobles, or distinguished commoners, in cases of high treason, the rest
of the barbarous sentence (now abolished by act of parliament), and the
previous sentence of hanging, being dispensed with by the king’s
authority.
The barbarous punishment of burning, formerly part of the law, is no
longer in use; Catharine Hayes, to whose case we have alluded (vol. ii,
p. 73), was the last who suffered in this manner.
On the subject of imprisonment we have already commented, (vol. ii, p.
112), and from the very general attention now excited, as well by the
discovery of abuses, as by an encreasing spirit of humanity, we may
expect the best results.
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