the last; terror hardly prevents crime, never does it inspire virtue. Does
any one consider the effect of capital punishment on the criminals
themselves? Either they brave it with reckless impudence; or, inanimate,
they suffer it, half dead with terror; or they offer their heads with
profound and sincere repentance.
Now the punishment is insufficient for those who defy it; useless for those
who are already morally dead; excessive for those who repent with
sincerity. Let us repeat it: society does not kill the murderer to cause
him suffering, or to inflict the _lex talionis_; it kills him to prevent
him from doing harm; it kills him that the example of his punishment may
serve as a warning to murderers _to come._ We think that the punishment is
barbarous, and that it does not sufficiently terrify. If this assertion is
doubted, we will recall many proved facts of the deep horror expressed by
hardened criminals for solitary confinement. Is it not known that some have
committed murders in order to be condemned to death, preferring this
punishment to a cell? What, then, would be their horror, when _blindness_,
joined to solitary confinement, would deprive them of the hope of escape--a
hope which he preserves, and which he sometimes realizes, even in a dungeon
and loaded with irons. And touching this matter, we also think that the
abolishment of capital punishment will be one of the forced consequences of
solitary confinement; the alarm which this punishment inspires the
generation who at this moment people the prisons and the galleys, being
such, that many among these incorrigibles prefer to incur the highest
penalty known to the law, than imprisonment in a cell; then, doubtless, the
punishment of death ought to be suppressed, in order to sweep away this
last and frightful alternative.
CHAPTER XXVIII.
MARTIAL AND THE SLASHER.
Public-domain text, read in full here on John Shaqi.
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