Crime and Punishment in American History.

the foregoing considerations it is evident, that the intent of punishments is not to torment a sensible being, nor to undo a crime already committed. Is it possible that torments, and useless cruelty, the instruments of furious fanaticism, or of impotency of tyrants, can be authorized by a political body? which, so far from being influenced by passion, should be the cool moderator of the passions of individuals. Can the groans of a tortured wretch recal the time past, or reverse the crime he has committed?

Essay on Juvenile Crime and Punishment; ..

 Cesare Bonesana di Beccaria, An Essay on Crimes and Punishments [1764]

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It seems as if banishment should be the punishment of those, who, being accused of an atrocious crime, are probably, but not certainly, guilty. For this purpose would be required a law, the least arbitrary, and the most precise possible; which should condemn to banishment those who have reduced the community to the fatal alternative, either of fearing or punishing them unjustly; still, however, leaving them the sacred right of proving their innocence. The reasons ought to be stronger for banishing a citizen than a stranger, and for the first accusation than for one who hath been often excused.

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Should the person who is excluded for ever from society be deprived of his property? This question may be considered in different lights. The confiscation of effects, added to banishment, is a greater punishment than banishment alone; there ought then to be some cases, in which, according to the crime, either the whole fortune should be confiscated, or part only, or none at all. The whole should be forfeited, when the law, which ordains banishment, declares, at the same time, that all connections between the society and the criminal are annihilated. In this case, the citizen dies, the man only remains; and with respect to a political body, the death of the should have the same consequences with the death of the It seems to follow, then, that in this case, the effects of the criminal should devolve to his lawful heirs. But it is not on account of this refinement that I disapprove of confiscations. If some have insisted that they were a restraint to vengeance, and the violence of particulars, they have not reflected, that though punishments be productive of good, they are not, on that account, more just; to be just, they must be necessary. Even an useful injustice can never be allowed by a legislator, who means to guard against watchful tyranny; which, under the flattering pretext of momentary advantages, would establish permanent principles of destruction, and, to procure the ease of a few in a high station, would draw tears from thousands of the poor.

This law appears to be humane and just, as it inflicts a cruel punishment only on a seven-fold repetition, which can hardly be presumed.
Juvenile Crime and punishment Essay - 930 Words

Youth crime and punishment essay - …

The laws of this nature, are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator; and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty? It certainly makes the situation of the assaulted worse, and the assailants better, and rather encourages than prevents murder, as it requires less courage to attack armed than unarmed persons.

Essay on Juvenile Crime and Punishment

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Pleasure and pain are the only springs of action in beings endowed with sensibility. Even among the motives which incite men to acts of religion, the invisible Legislator has ordained rewards and punishments. From a partial distribution of these will arise that contradiction, so little observed, because so common; I mean, that of punishing by the laws the crimes which the laws have occasioned. If an equal punishment be ordained for two crimes that injure society in different degrees, there is nothing to deter men from committing the greater, as often as it is attended with greater advantage.

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course of my ideas has carried me away from my subject, to the elucidation of which I now return. Crimes are more effectually prevented by the than the of punishment. Hence, in a magistrate, the necessity of vigilance, and, in a judge, of implacability, which, that it may become an useful virtue, should be joined to a mild legislation. The certainty of a small punishment will make a stronger impression, than the fear of one more severe, if attended with the hopes of escaping; for it is the nature of mankind to be terrified at the approach of the smallest inevitable evil, whilst hope, the best gift of Heaven, hath the power of dispelling the apprehension of a greater; especially if supported by examples of impunity, which weakness or avarice too frequently afford.