Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-dayGriffiths, Arthur
History
Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-day
Griffiths, Arthur
Convict ships; Penal colonies; Prisons -- Great Britain -- History; Prisons -- United States -- History
And then the Lord Chief Justice proceeded to put forth the following
pregnant sentences, which I quote in full. In taking up the question of
punishment, he says, "It is necessary to bear in mind what are the
purposes for which the punishment of offenders takes place. These
purposes are twofold: the first, that of deterring others exposed to
similar temptations from the commission of crime; the second, the
reformation of the criminal himself. The first is the primary and more
important object: for though society has, doubtless, a strong interest
in the reformation of the criminal, and his consequent indisposition to
crime, yet the result is here confined to the individual offender; while
the effect of punishment as deterring from crime, extends, not only to
the party suffering the punishment, but to all who may be in the habit
of committing crime, or who may be tempted to fall into it. Moreover,
the reformation of the offender is in the highest degree speculative and
uncertain, and its permanency in the face of renewed temptation
exceedingly precarious. On the other hand, the impression produced by
suffering inflicted as the punishment of crime, and the fear of its
repetition, are far more likely to be lasting, and much more likely to
counteract the tendency to the renewal of criminal habits. It is on the
assumption that punishment will have the effect of deterring from crime,
that its infliction can alone be justified; its proper and legitimate
purpose being not to avenge crime but to prevent it.
"The experience of mankind has shown that though crime will always exist
to a certain extent, it may be kept within given bounds by the example
of punishment. This result it is the business of the lawgiver to
accomplish by annexing to each offence the degree of punishment
calculated to repress it. More than this would be a waste of so much
human suffering; but to apply less, out of consideration for the
criminal, is to sacrifice the interests of society to a misplaced
tenderness towards those who offend against its laws. Wisdom and
humanity no doubt alike suggest that, if, consistently with this primary
purpose, the reformation of the criminal can be brought about, no means
should be omitted by which so desirable an end can be achieved. But
this, the subsidiary purpose of penal discipline, should be kept in due
subordination to its primary and principal one. And it may well be
doubted whether, in recent times, the humane and praiseworthy desire to
reform and restore the fallen criminal may not have produced too great a
tendency to forget that the protection of society should be the first
consideration of the lawgiver."
Public-domain text, read in full here on John Shaqi.
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