Robert Ingersoll, speaking on "Crimes Against Criminals" before the New
York Bar Association, a lawyer addressing lawyers, treating of this same
period of which Blackstone writes, says: "There is something in
injustice, in cruelty, which tends to defeat itself. There never were so
many traitors in England as when the traitor was drawn and quartered,
when he was tortured in every possible way,--when his limbs, torn and
bleeding, were given to the fury of mobs, or exhibited pierced by pikes
or hung in chains. The frightful punishments produced intense hatred of
the government, and traitors increased until they became powerful enough
to decide what treason was and who the traitors were and to inflict the
same torments on others."
The fact that Blackstone was right and Ingersoll was right in saying
that severity of punishment increases crime, is silently admitted in the
abrogation of those severities by acts of Parliament and acts of
Congress. It is also shown by the fact that there are no more murders,
proportionately, in States where the death penalty does not exist than
in those where it does. Severity is therefore admitted by the State
itself to have no deterrent influence on the intending criminal. And to
take the matter out of the province of the State, we have only to
instance the horrible atrocities perpetrated by white mobs upon negroes
charged with outrage. Nothing more fiendishly cruel can be imagined; yet
these outrages multiply. It would seem, then, that the notion of making
a horrible example of the misdoer is a complete failure. As a specific
example of this, Ingersoll (in this same lecture) instanced that "a few
years before a man was hanged in Alexandria, Va. One who witnessed the
execution on that very day murdered a peddler in the Smithsonian grounds
at Washington. He was tried and executed; and one who witnessed his
hanging went home and on the same day murdered his wife." Evidently the
brute is rather aroused than terrified by scenes of execution.
What then? If extreme punishments do not deter, and if what are
considered mild punishments do not reform, is any measure of punishment
conceivable or attainable which will better our case?
Public-domain text, read in full here on John Shaqi.
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