The National Register.
London, England, 1819-02-28 00:00:00

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4 -.0:16

No. 578.—V0t. XII.

POLITICAL DISQUISITION.

PROPOIED IMP2OVEMENTS IN CaIMINAL

LAW.

IN the course of the last century, a very general sen-
satioa was created throughout Europe against the se-
verity and injustice of its criminal law In exciting
tLis feeling, A/macula:els and Voltaire led the way
with distinguished ability and success ; but it was in a
entail State and utalet a despotic Government, that this
subject was opened to its full extent, in the celebratel
Work of the Marquis Becacia. By these writings not.
only a goat -change of opinion, but great improvements
iu criminal legislation, were effected iu many counties
of Europe. The use of torture, notwithstanding
it found for a time, like all exiAing abuses, its support-
ers and its advocates, were generally abelished. The
justice, or expediency, of capital punishments, eves for
crimes of the first degree, was questioned ; and in some
very important instances the practice was relinquished,
with manifest advantage to the interests of the commu.
The application of the punishmeut of death to
minor offences was combated with still greater success,
and a willingness was evince] by almost every nation
in Europe, to avail itself of the information that -had
thus been given, and to modify its institutions upon
more humane and enlightened principles.

pity.

The most prominent fact, and which could not fail 'o
strike the attention of every writer oa this subject, was,
that iu the application of capital punis!....ieuts to a great
variety of offences, different in their nature and degree,
it was imp.osible for the administrators of justice to ap-
ply the thresened punisluuents with the indiscriminat-
ing rigour revired by law ; and consequently, that a
considerable number, and perhaps a great majority of
offenders, escaped without either punishment or cor-
rection. In order to remedy a defect so dangerous to
society, as well as to alleviate the sev.:rity of existing
laws, two legulations seemed indispensably requisite :
Ist, That punishments should he proportioned 'to of-
fences; and Itdly, That when justly incurred, they
should iiivaeiably indicted—and the demonstration
of these maxims, and the inculcation of the necessity
of their adoption, form the great and leading feature
of almost every work which has hitherto been published
on the subject.

Favonrabh., however, to the interests of the commu-
nity as such as a system may appear. and earnestly as
its more general introduction Las been recommended, it
may justly be doubted, whether, if it could be carried
into effect, it would be au:ruled with the advantages
expected from it. To define certain crimes by the
degree of their enormity, to apply to each a . ptu-
aki.arzut proportioned to the offence, and to provide
that such punishment shall be inflicted, seem: to be the
perfection of the plan. But it ought not to be furgotten,
that these inflictions arc not to take place on inert mat-
ter, but on a sentitiont and intelligent being, capable,
not merely of suffering, but endowed with feelings of
reounse, sorrow, penitence, and shame, which vary in
every individual, and arc implanted by nature in the
huinun bosom, fur the wisest and most important pur-
poses. Disregarding, however, the effect produced on
the patient, the talatel punishment proceeds, equally
insensible to the obstinate defiance of hardened guilt,
or the agonies and entreaties of the deepest contrition;
and haring performed the same invariable operati a on
every person subjected to its influence, dismisses
them alike, either to pe• severe in, or reform their con-
duct, according to the strength of their constitution,
the character of their diapo:Lion, or the nature of the
circumstances in which they are placed.
,Such, it is apparent, would be the effect of a system
t ch should proportion ;ho punishment to the crime,
and require its invariable infliction, 14 indeed, we c.in

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