The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
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The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
In a late English Magazine it is stated that of thirty-seven persons
sentenced to death in the year, eight only were executed; the sentences
of the rest being commuted. In commenting on this fact, the writer says:
We are far from regretting that those thirty-seven capital sentences
were not carried into effect; but we lament that some clearer
distinction should not be made between homicides of different degrees
of aggravation; so that, instead of charging cases as murder in which
neither the jury would convict nor the Government execute the accused,
that awful charge and high solemnity might be reserved for those black
deeds in which the charge, and the conviction, and the execution,
are almost certain to follow each other. If we ultimately retain
capital punishment in our code, the limitation of the charge of murder
which we have suggested will cause the notion of deliberate murder
and the scaffold to be associated together in men’s minds. They are
not so associated at present; for, besides the chances of escaping
conviction, it is notorious that condemned convicts rarely abandon
hope even to the very last. Let us strive to get rid of the mockery
of pronouncing solemn sentences of death in cases which are unfit for
execution. The impression made by such scenes is the very reverse of
what it is intended to produce. When soldiers fire over the heads of
a turbulent mob, or the schoolmaster scatters threats which his rod
fails to fulfil, or the law awards punishments which public opinion
forbids it to execute, derision and contempt are the consequences.
We incline to the belief that the most important and effective step
which can be taken at this time by the Legislature of Pennsylvania, for
the improvement of her penitentiary system, is to adapt the penalty
of the law more nearly to the nature of the crime--reduce the terms
of imprisonment to the lowest measure that can consist with the ends
of its infliction, and then increase, in the highest degree, the
facilities for the prompt detection of offenders, and the certainty
of their suffering the unmitigated penalty of their crimes. It is our
settled conviction, that a course of legislation which should virtually
secure these results, would at once reduce the number and boldness of
criminals at least fifty per cent--probably much more.
We urge this reform in the provisions and administration of our penal
laws as eminently _humane_, for to whatever degree we reduce the amount
of crime by increasing the certainty of conviction and punishment, to
the same degree we promote the safety and happiness of the community.
Public-domain text, read in full here on John Shaqi.
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