It has been suggested that a criminal on his second conviction be deemed
a professional, and incarcerated for life. It would no doubt be cheaper
for the public to shut him up thus and support him permanently. But
there is the objection that the punishment would generally be out of
proportion to the crime, if it were a punishment at all; and if it were
not a punishment, we would be offering a greater premium on vice than we
now are. To punish petty larceny as if it were as great a crime as
manslaughter or murder would be too unjust to be long possible. The case
seems to demand a new medicine rather than a greater dose of one which
has failed when tried in any practicable quantities.
There is one remedy, so far as the infliction of real punishment is a
remedy, although those who administer justice as above described will
hold up their hands in horror at the mention of it. If it be a fact that
the punishment of criminals is necessary, and if it be a fact that a
class of them is impervious to any punishment except physical pain, then
we are bound to either inflict this pain or else abandon the principle
of punishment. There is no third course if the two facts are
admitted--and to those who will not admit them an unprejudiced reading
of the criminal news of the past three hundred and sixty-five days is
commended. If one man's heart is callous to what will break another's,
all men's backs are of nearly equal tenderness. It is doubtful whether
the whipping-post ever had a fair trial without proving that it might be
made a good thing under such circumstances as we must very soon, if we
do not now, confront.
Public-domain text, read in full here on John Shaqi.
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