From what has been said, it follows that the death penalty as a
punishment even for the worst crimes is morally untenable; for
either the culprit is really irredeemable, that is to say, he is an
irresponsible moral idiot, in which case an asylum for the insane is
the proper place for him; or he is not irredeemable, in
which case the chance of reformation should not be taken from
him by cutting off his life. The death penalty is the last lingering
vestige of the _Lex Talionis_, of the law which attempts to
equalize the penalty with the crime, a conception of justice which
in all other respects we have happily outgrown. It does not
necessarily follow that the immediate abolition of capital
punishment is expedient. It is not expedient in fact, because of the
condition of our prisons, and because of the abuses to which the
pardoning power of the State is subjected; because security is
lacking that the worst offenders, before ever they can be
reclaimed, may not be returned unrepentant into the bosom of
society, to prey upon it anew with impunity. But, then, we must
not defend the death penalty as such, but rather deplore and do our
utmost to change our political conditions, which make it still
unwise to abolish a form of punishment so barbarous and so
repugnant to the moral sense.
The step which follows the arrest and condemnation of the
evildoer is isolation, with a view to the formation of new habits. A
change of heart is the necessary pre-requisite of any permanent
change in conduct; but the change of heart, and the resolution to
turn over a new leaf to which it gives birth, must be gradually and
slowly worked out into a corresponding practice. The old body of
sin cannot be stripped off in a moment; the old encumbrance of
bad habits cannot be sloughed off like a serpent's coil. The new
spirit must incorporate itself slowly in new habits; and to this end
the delinquent must be aided in his efforts by a more or less
prolonged absence from the scene of his former temptations.
He must be placed in an entirely new and suitable environment,
and encouraging pressure must be exerted upon him to acquire
new habits of order, diligent application to work, obedience,
self-control. It is upon this idea that the moral propriety of
imprisonment and of prison discipline is based, whether the actual
treatment of prisoners be in accord with it or not.
And so we may pass on at once to the last and chief element in
the process of the reclamation of the evildoer, namely, forgiveness.
An angel's tongue, the wisdom and insight of the loftiest of the
sages, would be required to describe all the wealth of meaning
contained in the sublime spiritual process which we designate by
the word pardon. It is a process which affects equally both parties
to the act, the one who forgives and the one who is forgiven. It
exalts both, transfigures both, indeed establishes a new tie of
wonderful tenderness and sublimity between them. The person
who forgives is a benefactor.
Public-domain text, read in full here on John Shaqi.
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