Memoir and Letters of Francis W. NewmanSieveking, I. Giberne (Isabel Giberne)
Religion
Memoir and Letters of Francis W. Newman
Sieveking, I. Giberne (Isabel Giberne)
Newman, Francis William, 1805-1897
"The infliction of flogging," he argues, undeniably answers in these
cases, both as a sharp and effectual punishment, and also as a deterrent
from future misdoing. "To us it appears an obvious certainty, that
whatever punishment is believed to be righteous--whether the whipping of a
child, the shooting of a soldier, the constraint of the treadmill, or
whatever else--is wholly free from the least tendency to brutalize the
officers who inflict it." As to the wisdom of this statement, one would
think, there could be no question. He quotes our old laws as regards the
practising of public floggings, and adds, "We cannot hesitate to believe
that all outrages on women ought to be punished by the severest
whippings.... Dastardly offences against the weak and the weaker sex
eminently call for this punishment; and in such offences may be included
the seduction of a woman." That offences against the body should be
visited by punishment _on_ the body is beyond all doubt just. Had we been
in the past, or were we at the present moment, as eager as we ought to be
for defence, for justice, to be given to the citizeness as equally as to
the citizen, there would not be so many wrongs done to the weaker sex as
now is the case in England. Newman strongly condemns long sentences and
transportation, not so much on account of the prisoner, (though for him
the long term of "doing time" with other criminals exercises in most cases
a distinct low moral tone upon himself) as on account of his wife and
family, if he is married. These people are left without news of him, and
without their legal means of subsistence during his absence. His wife
often indeed, practically becomes a pauper.
"It is vain to talk of the evil of 'degrading' a criminal by flogging him,
if we degrade him by penal labour, subjecting him to a very ignominious
and tedious slavery. It is vain to say that whipping demoralizes, until we
have a system of effective and severe punishment, clearly free from this
danger.... A felon destined to long penal servitude cannot fulfil a
father's duties, and no one is so weak as to imagine that his commands
concerning his children deserve respect.
* * * * *
Legislation must deliberately study this problem, not wink at it."
[Footnote: _Corporal Punishments and Penal Reformation_.]
Perhaps when it does, something more stringent will be determined on
concerning our regulations as regards the marriage of criminals: those
with insanity or inherited disease strongly marked on their family
records; and those who have shown the tendency to the latter in their own
persons.
CHAPTER XIII
SOME LEGISLATIVE REFORMS SUGGESTED BY LECTURE AND ARTICLE
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