The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
But, although the Italians have been pioneers in this movement, it has not
been confined to them; it extends to all civilized nations, and expresses
a general tendency of the age. Even the Germans, those leaders in theory
and laggards in practice, whose studies and speculations have illustrated
all forms and phases of judicial procedure, but who adhere so
conservatively to ancient methods and resist so stubbornly the tides of
reform in their own courts have yielded on this point. They no longer
regard insanity and idiocy as the only grounds of exemption from
punishment, but include in the same category “all morbid disturbances of
mental activity,” and “all states of mind in which the free determination
of the will is not indeed wholly destroyed, but only partially impaired.”
In order to realize the radical changes that have taken place in this
direction within a relatively recent period, it will suffice merely to
compare the present criminal code of the German Empire with the Austrian
code of 1803, the Bavarian code of 1813, and the Prussian code of 1851. It
must be remembered, too, that these changes have been effected under the
drift of public opinion in spite of the political preponderance of Prussia
and her strong bureaucratic influence, which has always been exerted in
favour of severe penalties, and shown slight consideration for individual
frailties and criminal idiosyncrasies in inflicting punishment. As the
stronghold of a stolid and supercilious squirearchy (Junkerthum) in
Germany, Prussia has stubbornly resisted to the last every reformatory
movement in civil and social, and especially in criminal legislation.
Public-domain text, read in full here on John Shaqi.
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