On murders committed in rage, in the despair of strong affection (as when
a starving child is murdered by its parent) or for gain, I believe the
punishment of death to have no effect in the least. In the two first
cases, the impulse is a blind and wild one, infinitely beyond the reach
of any reference to the punishment. In the last, there is little
calculation beyond the absorbing greed of the money to be got.
Courvoisier, for example, might have robbed his master with greater
safety, and with fewer chances of detection, if he had not murdered him.
But, his calculations going to the gain and not to the loss, he had no
balance for the consequences of what he did. So, it would have been more
safe and prudent in the woman who was hanged a few weeks since, for the
murder in Westminster, to have simply robbed her old companion in an
unguarded moment, as in her sleep. But, her calculation going to the
gain of what she took to be a Bank note; and the poor old woman living
between her and the gain; she murdered her.
On murders committed in deliberate revenge, or to remove a stumbling
block in the murderer’s path, or in an insatiate craving for notoriety,
is there reason to suppose that the punishment of death has the direct
effect of an incentive and an impulse?
A murder is committed in deliberate revenge. The murderer is at no
trouble to prepare his train of circumstances, takes little or no pains
to escape, is quite cool and collected, perfectly content to deliver
himself up to the Police, makes no secret of his guilt, but boldly says,
“I killed him. I’m glad of it. I meant to do it. I am ready to die.”
There was such a case the other day. There was such another case not
long ago. There are such cases frequently. It is the commonest first
exclamation on being seized. Now, what is this but a false arguing of
the question, announcing a foregone conclusion, expressly leading to the
crime, and inseparably arising out of the Punishment of Death? “I took
his life. I give up mine to pay for it. Life for life; blood for blood.
I have done the crime. I am ready with the atonement. I know all about
it; it’s a fair bargain between me and the law. Here am I to execute my
part of it; and what more is to be said or done?” It is the very essence
of the maintenance of this punishment for murder, that it _does_ set life
against life. It is in the essence of a stupid, weak, or otherwise
ill-regulated mind (of such a murderer’s mind, in short), to recognise in
this set off, a something that diminishes the base and coward character
of murder. “In a pitched battle, I, a common man, may kill my adversary,
but he may kill me. In a duel, a gentleman may shoot his opponent
through the head, but the opponent may shoot him too, and this makes it
fair. Very well. I take this man’s life for a reason I have, or choose
to think I have, and the law takes mine. The law says, and the clergyman
says, there must be blood for blood and life for life.
Public-domain text, read in full here on John Shaqi.
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