The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-08-12
Capital Isanis,,s,.ent.

=
It Is OF course difficult 10 prove 10 What
extent the punishment Of dc.ith acts as a de.
lterrent to Would.be nl,l,darels. Statistics on
such7a subject arc necessarily unsatisfactory,
becauseit is impossible to feel sure ti,at we
know all the causes which may have contri-
buted to a given result On the other hand.
it is equally impossible to prove that death IL
a less deterrent penalty than imprisonment !;
and unless this fact could be established. the
balance of argument would be immensely
in favor Of REFINING capital punishment. I'M
rris0nment is Il thoroughly unsatisfactory
mode OF dealing with aggravated crime. II
does not meet the popular idea GfiIistice and
if there were no difference in kind between
the treatment OF murdercrs and the treatment
OF forgcrS or horSe-Stpalers, execution
toy lynch-law would probably become
exceedingly common, while the per-
sons immediately aggravated by \ muir
der would certainly lc tempted, il they
had tue opportunity, to spare the country
the cost OF maintaining the murderer for life.
1t should he remembered, in connection with
this view OF the subject, that very long
periods OF imprisonment ncccSStatc wllatup-
pears like extraordinary gcntlencss in the
treatment Of prisoners. Solitary confinement
or Il diet Of bread and water continued for
years would be indistn-ui>lHblc from tor
turc. Consequently. in addition to the shock
I" popular sentiment given by Secin" mur-
dcrcrS imprisoned instead OF hanged, there
wu,fd be The further shock Of knowing that
they were passing their Imprisonment III
whit, Ivy comparison with the lot Of man,
innocent icrSolls outside, would be con-
siderable comfort.
Ii is true that much harm has been done
,,,,I, a
10 grow up It's regards the iniiidion al the
penalty. In part. probably, this is attri'uta-
| t,le to a faulty definition of murder. Men
| are tried and convicted of murder hccaiI>c
the law provides 10 other name tor the honl-
eide of which they are undoubtedly guilty.
4 more rational view of the relation of in
sanity TO crime would remove another Gle
| nCnt Of uncertainty. Al present there is III
| unfortunate disposition to accept proof that
Il murderer WAS mad upon the particular
point which constituted the motive for the
crime rs sufficient evidence that he is mad
| upon ;nI points. The one only form OF in.
sanity'wbich ought 10 exempt Il man from
beng banged is the form which prevents his
knowing What the consequences Of hi> crime
will lie.
\ man may be mad on fifty subjects. and
| vet be quite aware OF the connection To-
tween iullicting death and suffering, It: and
| 50 Ion" as ne is 80 the prospect may have Il
| deterrent effect upon him. The argument
| against capital punishment derived from the
| ricluctIabc character OF the wrong done,
| surprising that the accused person turn out
| in the cud to hc innocent. has no value OK
| cept in cases where the discovery is made
| very shortly after the conviction. Surprising,
| for example, that Il man is imprisoned for
| twenty years and is then found to have been
wrongly convicted, the law cannot give him
back tie years of life which it has uniIl>tlE
| taken from him. 1t cannot give him back
| the wifi who has perhaps died ot Slanc at
! her husbands disgrace. or tie children whose
| prcspccts.llay been ruined ly The fact that
| their father is Il convict.
The theological argument seems to Us f.
| have no weight. The form it usually takes
is that men should not hr hurried into ctcr-
| nifty without time being given them for 70
| pculanrr. II execution followed innnCdi,
| atcy upon arrest. or even upon conviction.
| there might be something in this plea. Bul
| mSmuch rs there is always MI interval oi
some DAYS. the chances are that. il lI!c crlui-
nal is at all disposed TO rrpcut, liz has Il let
| ter opportunity in the week or two which
are passed in the condemned cell ti;;tn h.,
| would have in years Of Imprisonment. And,
| assuming that tue criminal does not repeat.
| the fact that he has shown himself unman.
accahlc 10y human laws seems ii paint tn the
cXpcdicucy of committing him H. WiSCl
| hands than those OF human rulers.