I do not propose to give more than a few words to the question of capital
punishment, because it does not seem to be any longer a question of much
magnitude or importance. A century, even three-quarters of a century, ago
it was a different matter. In England especially capital punishment seems
to have flourished luxuriantly. A writer in Elizabeth’s reign says that in
Henry VIII.’s time seventy-two thousand thieves and vagabonds were hanged.
The statement is set down on hearsay evidence only, but is sufficient to
show that the number must have been very large. About a century ago more
criminals, it is said, were put to death in England than in any other part
of Europe; many persons still living remember the days of wholesale
hanging, and even the execution of a child of twelve for rioting. It is
less than half a century since a child of nine was condemned to death for
stealing paint, value twopence-halfpenny, and since men were hanged for
stealing sheep and postoffice letters.
There can be little doubt that capital punishment is dying out. In
Switzerland, in England, in Italy, for example, the tendency is very
clearly marked. Whether its complete extinction is altogether a matter for
rejoicing is a question concerning which there is not complete unanimity
among those whose opinions carry most weight. An impressive body of
opinion is in favour of putting instinctive criminals to death, not out of
revenge, but in the spirit in which Galen and Seneca advocated the
destruction of incorrigible offenders against social life, regarding them
as diseased members to be removed for the advantage of the whole social
body. Garofalo, the distinguished Neapolitan lawyer, is perhaps the chief
advocate of capital punishment among those who are working for legal
reform. He points out that the death penalty is the only one the criminal
really dreads, and tells of offenders who committed their crimes under the
impression that capital punishment had been abolished, and that they were
to be provided with food and shelter for the rest of their lives. On the
other hand, it has also been shown that the _éclat_ and public interest
involved in a trial for life or death serves as an incentive to the morbid
vanity of criminals. Such a penalty as burning “for example of others, as
hath been accustomed,” according to the phrasing of Henry VIII.’s statute,
has been an example often enough in another sense than the statute
intended.
Public-domain text, read in full here on John Shaqi.
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