The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-24
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LEGISLATIVE TOPICS.
Certainty of Punishment Better Than
Severity.

Severity.
Judge Wilson, in his charge to the
grand jury, United States circuit cour!,
Easton, Md, Nov 7, 1891, said: 10 pre-
vent crimes is the noblest end and aim of
criminal Jurisprudence; to punish them is
one OF the means necessary for the ac-
Complishment of this noble end and aim.
The impunity Of an offender encourages
him to repeat his offenseS. The Wit
nesses of his impunity are tempted 10 be-
come his disciples in guilt These consil-
erations form the strongest-some view
them as the sole-argument for the intiic-
tion of punishments by human laws.
There are in punishments three qualities
which render them fit preventives Of
crime: The first is their moderation: the
second Is their speediness: the third IS
their certainty. We are told by some
writers that the number of crimes Is nm
questionably diminished by the severity
of punshments. IT we inspect the great
est part of t. criminal codes, their un-
wieldy bulk and their ensanguined hue
Will force us to acknowledge that this
opinion may plead in its favor very high
antiquity and very extensive reception.
ON accurate and unbiased examination,
however, 1t will appear to be an opinion
unfounded and pernicious, Inconsistent
with the principles of our nature and by
necessary consequence with those of
wise and good government. SO far as any
sentiment of generous sympathy is Suf
fered by Il merciless code to remain among
the citizens, their adherence of crimes L.,
by the barbarous exhibitions of human
agony, sunk in their commiseration of
criminals These barbarous exhibitions
are productive of another bad effect--a
latent and gradual, but u powerful, be-
cause natural aversion to the laws.
Can laws which are a natural and a jus;
object of aversion receive 4 cheerful
obedience or secure a regular and uniform
execution? The expectation Is forbidden
by some of the strongest principles of the
human frame. Such laws, while they ex-
cite the compassion of society for those
who suffer, rouse its Indignation against
those who are active in the steps prepara-
tory TO their sufferings. When, on the
other hand, punishments are moderate.
and mild every one will, from sense Of
interest and duty, take his proper part in
detecting, in exposing, in trying, and In
passing sentence on crimes. The conse-
quence will be, that criminals will seldom
elude the vigilance or battle the energy of
public justice. True it Is that on some
emergencies eXcesses of a temporary ma
ture may receive sudden check from rig
orous penalties; but their continuance and
their frequency introduce and diffuse a
hardened insensibility among the citizens;
and this insensibilty, in its turn, gives oc-
cason or pretense to the farther extension
and multiplication of those penalties
Thus one degree of severity opens and
smooths the way for another, till at
length, under the specious appearance of
necessary justice, a system of cruelty is
established by law. Such a system is cal
culated to eradicate all the manly senti
ments of the soul, and to substitute in
their place dispositions of the most de-
PRAYED and degrading kind. But the cer-
tainty of punishments is that quality
which is of the greatest Importance, in
order to constitute them fit preventives of
crimes. This quality is in its operation,
most merciful as we'll as most powerful.
When a criminal determines on the COM
mission of crime he is not so much intlu-
enced by the lenity of the punishment
as by the expectation that in some way
or other, he may be fortunate enough to
avoid ii. This is particularly the case
with him when this expectation is cher
ished by examples or by experience of
impunity. 1t was the saying of Solon that
he had completed his system Of laws by
the combined energy of justice and
strength. BY this expression he meant
to denote that laws of themselves would
be of very little service unless they were
enforced by "a faithful and an effectual
execution of them. The strict execution.
of every criminal law Is the dictate of nu-
manity as well as of wisdom"