Not Guilty: A Defence of the Bottom DogBlatchford, Robert
Philosophy
Not Guilty: A Defence of the Bottom Dog
Blatchford, Robert
Criminals; Free will and determinism
For felony, which was anything from highway robbery to theft of a piece
of bread, men, women, and children were hanged. There were over 250
offences for which the penalty was death.
For "speaking sedition against a magistrate" the offender had both his
ears cut off.
If a prisoner refused to plead he was pressed to death under heavy
weights.
Harrison says that "there is not one year" in which three or four
hundred "rogues" are not "eaten up by the gallows." And then he goes
on to remark that so many are the idle rogues, that "except some better
order be taken, or the laws already made be better executed, such as
dwell in uplandish towns and little villages shall live but in small
safety or rest."
A hundred years ago there were over two hundred offences for which
the punishment was death. Boys and girls were hanged for theft. Mr.
Collinson, in _Facts about Floggings_, says that in 1816 there were at
one time over fifty prisoners in England waiting to be hanged, and that
one of them was a child of tender years. Mr. Collinson says:
The inefficiency and brutality of all this torture and bloodshed became
obvious to the people, through the propaganda of a few daring and
enlightened reformers, and it was swept away.
But let us come nearer home. About a dozen years ago the late Mr.
Hopwood, K.C., Recorder of Liverpool, was good enough to give me his
opinions on the subject of harsh and lenient punishment. Mr. Hopwood
said:
I was first convinced of the uselessness of harsh sentences by
attendance at two courts of sessions about thirty-five years ago. The
two courts were those of Manchester and Salford--towns very similar
as to population and conditions of life. In Salford the sentences were
uniformly lenient. In Manchester they were uniformly severe. People said
Manchester would be purged of crime; that all the criminals would flock
to Salford. It was not so. The state of things continued for some years,
and caused no increase of crime in the one, nor decrease of crime in
the other town. Hence it becomes evident that a great deal of useless
punishment was inflicted in Manchester. I was a young barrister at the
time, and I took the lesson to heart.
Mr. Hopwood only claimed a negative result. He said: "I do not say I
have reduced crime, but only that I have reduced punishment without
increasing crime. For instance, I claim that during my six years at this
court I have saved three thousand years of imprisonment."
When I remarked "that saved a great waste of money," he answered that it
was "a great saving of humanity." He claimed that life and property were
at least as secure under a clement judge as under a cruel one, and that
his system saved much suffering and shame, not only to the prisoners,
but also to those dependent upon them. He said that very often his
treatment had a good effect upon the prisoners: "Do you know, often they
are ashamed to come back."
Public-domain text, read in full here on John Shaqi.
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