The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1906-09-20
Does Capital Punishment
Tend diminish TIC Capital Crime?
Nv Thomas Speed MOSby.


-w~I EE daa+h nenaltv as a featureo Of the penal code, Is oersoM -
-" process of evolution which, Judging from existing oenc s aN
those which have characterized the worlds jurisprudence u ur
-@ ing the past fifty years, must result in its compe'e
WEfSTNMM II exists in forty States of the American Union.
$3.50 In the Investigation ofthis subject, thu writer causeu nSS ta+oS
to be addressed to the attorneygenerals OF these toty - "oan'
asking their opinion as to whether capital punishment noe U" W""1
Ml crime. st. u,uoono f the
Eighteen of the forty eGined % express an opinion" Ohy s LA% +bom.
announcements OF Statesw which infict the death penalty uec IMe unnoinish
selves as clearly of tn opinion hat capital punishment To- teu " ~ death
capital crime. Two Of the forty were positive in lei onVFcIton u! III aCHrion hat
penalty does not tend to diminish capital crimes, N statea,C nneplo a nuaufed
the death penalty should be abolished, while four OF Ie iUy
answers. .-5. $50 -..
II five Estates IF Kansas, Maine, Michigan, Rhode Island M Wlsccon 1b5
where capital punishment does not exist, the atorneygenerass ave Eoo Ceum ~
increase in capital crme since the abolition of the death enalS' aa sen
I express themselves a. satisfied with the conditions existing In lhen :E kN4
tive States In Michigan, Wisconsin, and Rhode Island capNa " gW Ihonob
was ahoIsbe5o over fv years ago ant as not since been reenacted. hougn
nominary prescribed by law in Kansas, the deSb penalty car be e1 ecu ha We va
that State only upon the Governors warrant, II the Kansas aVeEnoiS n v
persistentIy declined to issue a death warrant, III condemne pefe ouSI m az
WHILE remaining in prison. In five other States where lii neNn p0nAV C.
lists the trial iuries have power to commute it to life Imprisonment"
The right Of the State to take the life o a citizen has way 3eeh ma
doubtless must remain a academic question, athouS1, conceulnS luz s""
ness Of the doctrine Of consent of the governed az the ultimate basis OF
governmental authority it must be admitted that on canno b e morany heIu
to a contractw whereby h consents that another Ia take his life. In cr
civil jurisprudence no nal can give another the right 10 d him Dodhy INJURY.
Such contracts are always void as against public policy. tut tn case 2gdhSSt
capital punishment is made when it is shown simply that it Is unnec@sHy: II
Is coming to he understood that the majority of human beings do nt refrain
from the commission of capital crimes merely through fear of being. hanged.
EOyervi erson who commits a capital crime knows that in States alntalnns
capital punishment tn death penalty is affixed TO that crime. From a per-
M stud If more thar W thousand cases am convinced thatm most crimes
are committed by persons who either Cd expect to escape all punishmen Or
d2) who. upon tn spu o. the momenta ara regardless OF Ill nlsnne OF
(1 who are governed " cosmtc social or individual factors which render the
prospect of punishment imperative al a deterrent agency a the Tine OF Inc
commission of the crime -HarperS Weekly.