The criminal classes do not neglect their newspapers, but keep
themselves pretty well posted, either by reading or conversation, upon
the subjects that are of most direct interest to them, and follow all
the details of the most important criminal trials. In this way they
always keep more or less before them the thought of the nature of
capital punishment, and I believe that it will be found that the number
of capital crimes in any given period is inversely proportionate to
the number of capital punishments in the immediately preceding period.
Whenever there is a series of executions, without reprieves, the number
of murders decreases, and on the other hand, after a period in which
several persons have been tried for murder and acquitted, or reprieved
after sentence, the number of crimes appears to increase. I do not
think that this rule can be demonstrated forcibly and convincingly by
a reference to the mere numbers of murders, convictions, reprieves,
and executions during the past few years, because there are many
considerations which bear upon the significance of an execution or
reprieve; but I think that anyone who has given attention to the
subject will bear me out in my contention.
Undoubtedly the fear of death is a great deterring power amongst
abandoned men, and the fear is most powerful when the death seems
most certain and the hope of reprieve most remote. This consideration
leads me to think that the deterrent value of the death sentence would
be greatly increased if it could be made absolutely irrevocable.
Considering capital punishment as a moral power for frightening
criminals still at large, I think it would be much better, if in all
cases where there is the slightest possible chance of reprieve, the
sentence were suspended for a time.
I advocate that the sentence of death, once passed, should be a
sentence which the doomed man, as well as his friends and sympathisers
who are still at liberty, should regard as quite irrevocable.
At the same time I do not advocate an increase in the number of
executions--just the reverse. As the best means to this end I think
we ought to have a considerable alteration in our criminal law as it
relates to murder cases. I think that the jury should have more power
over the sentence, and for this purpose I think that they ought to have
the choice of five classes of verdict, namely:--
1. Not guilty.
2. Not proven.
3. Murder in the third degree.
4. Murder in the second degree.
5. Murder in the first degree.
In the case of a verdict of "Not Guilty" the prisoner would, of course,
be acquitted, and would be a free man as he is with such a verdict at
present.
In the case of the verdict of "Not Proven" it should be within the
power of the judge to remand the prisoner, pending the further
investigation of any clues that might seem likely to throw light upon
the case; or to release him, either with or without bail or police
supervision.
Public-domain text, read in full here on John Shaqi.
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