Punishment brings positive evil. Any possible good that it may produce is
at the best problematical and wholly impossible to prove. From the first
victim whom the state degrades with punishment, the evil and the hardship
and suffering moves on to family and friends. In no theory of the law is
compensation, or recompense, or making good, any part of punishment. If
taking the life of the prisoner could bring to life the victim whom he
killed there might be some apparent excuse for the punishment of death.
If imprisoning in the penitentiary in any way retrieved a wrong or made
up a loss, a prison might be tolerated, and some relation might be shown
between punishment and crime. Even in cases where a fine is administered,
in place of imprisonment, the fine does not go in any way to retrieve
any loss, but goes to the state as pure punishment and nothing else.
Everywhere in the theory and administration of punishment is the rule the
same. The one purpose is to injure, to harm, to inflict suffering upon
the individual whom society sets apart.
When traced to the end, the sole theory on which punishment is based,
is that a certain man has committed an act of violence and crime, and
that, therefore, in some mysterious way this is to be made right by
inflicting an injury on him. That the original wrong will not be undone
has no bearing on the case—that others entirely innocent may suffer more
grievously than the accused is not to be considered in the infliction
of punishment. The father may be taken from the helpless children, and
these left to grow up as best they can, with their own hardships and
their father’s evil name to bear, but society stands unmoved. Though
the heavens fall, justice must be done, and justice can only be done by
inflicting pain. The execution or imprisonment of the father may not
unreasonably turn the children to follow in the path the state marked
out for him. This is not the affair of government,—not prevention or
recompense, or reward is the function of the state; but vengeance,
vengeance sure and complete.
Justice is not the function of the state; this forms no part of the
scheme of punishment. Punishment is punishment. A wife and helpless babes
may be left in want when the state lays its hand in wrath upon the man.
Under the law of natural justice the child has a right to support and
care from the father, who is responsible for its life. Still, the state,
not with a prior right, but with a greater power, takes the father from
his child, kills him or pens him, and turns the child into the byways
of the world, giving it only the heritage of the father’s shame. It is
no answer to say that such a father is of no value to the child. Many a
kind, indulgent father has violated the penal codes of man. Many a father
has been sent to prison because he so loved his child that he committed
crime.
Public-domain text, read in full here on John Shaqi.
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