“Is it necessary that you should be unanimous, or do you decide by a
majority?”
“By a majority.”
“A female was brought before you for stealing food, and was condemned to
be beaten?”
“Yes.”
“Were you unanimous in this case?”
“Yes. I should explain. She was first brought before two only. She was
condemned, and appealed. The appeal was heard by five, who confirmed the
verdict.”
“Did the appeal relate to her guilt only, or to her sentence also?”
“To both.”
“Was the sentence altered at the appeal?”
“It was increased. But that was because the accused attempted escape,
while the appeal was pending.”
“What were the two sentences?”
“Eight strokes were to be given under the wings with a five-thonged
scourge for the theft, and sixteen similar strokes for attempt to break
her prison.”
“Then two of the judges are not responsible for the larger part of the
sentence?”
“We are all responsible. It is our law that if a sentence be increased,
or an additional one given, by an appeal court, it must be approved by
the court below. The power of the appeal court being to confirm, reduce,
or cancel.”
“Tell us, in your own way, of what this female was charged, on what
evidence she was condemned, why you considered her action worthy of
punishment, and defend the sentences.”
“She was charged with the theft of a neighbour’s food. She confessed her
guilt. We consider theft deserves punishment, and that the safety of the
community requires it. But we do not make the laws. It is our duty to
administer them. The responsibility rests with the whole community. We
considered the sentence to be fair and moderate, and such as is
necessary to prevent the spread of dishonesty among the class of
population to which the accused belonged. We have ourselves been
condemned with greater severity, for a fault which we do not recognise
or understand, by a tribunal of which we were previously ignorant, and
under a code of conduct of which we had not even heard, and under which
our civilisation could not be maintained for a week.”
“You have not defended the second sentence.”
“I did not suppose that any defence were needed. She had been condemned
as guilty, and was in custody, pending appeal against the sentence she
had received. To attempt to escape under such circumstances was a
defiance of the laws under which we live, and it would be impossible to
maintain order or discipline if such incidents should pass unpunished.”
Public-domain text, read in full here on John Shaqi.
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