Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Until late in the last century the Crown Prosecutor craved for punishment
on those who had committed indictable offences "in order to deter others
from committing the like offence in all time coming." That form has been
dropped, but the theory is still widely held that punishment deters others
than those convicted. The prison returns show that there is no reason for
claiming that it deters many of those who have been punished from
repeating their offensive conduct. The "others" in some numbers are always
recruiting the ranks of those who habitually transgress, but the great
majority of our fellow-citizens keep out of prison. Are we to believe that
this is because the punishment of the prisoners sent there has deterred
them from committing offences? It may be the reason; but it cannot be
proved even if it is. For my own part, I have never seen any cause to
believe that my acquaintances and friends refrain from beating their wives
and from taking what is not their own because if they did these things
they might be sent to jail; and I have observed that those who theorise
most about the conduct of others and its causes, are frequently quite
unable to advance any evidence from their own observations and experience
that would support their theories.
There can be no doubt that the dignified jurists who adopt Mansfield's
view (that a man should be hanged not because he had stolen a horse, but
in order that others might not steal horses) would resent the suggestion
that they themselves are honest simply from the fear of the law, and it
would show less conceit of themselves and more knowledge of their
neighbours if they assumed that the mass of their fellow-citizens are no
worse than they.
In my day at school some boys were unmercifully whacked, when the master
got into a temper as a result of their iniquity. The theory was that this
discouraged others from committing the same offences; but as boys are as
often punished for the stupidity of themselves or the teacher as for any
wilful misconduct on their part, the theory was not in accord with the
practice. When some unfortunate culprit was called up, the feelings of the
rest of us were of a mixed nature. Partly we were sorry for him, but the
degree was dependent on our personal regard for him; partly there was a
feeling of contempt for him in so far as he was imprudent enough to let
himself be caught; partly there was some curiosity as to how he would
demean himself; and mainly there was thankfulness that we were not in his
shoes. The punishment did not deter any of us from doing the same thing;
but it did make us more careful in the doing of it, and it gave some a
training in duplicity that appears to have been of use to them in their
business careers.
Public-domain text, read in full here on John Shaqi.
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