The minds of offenders, long inured to the practice of criminal pursuits, are by no means beneficially affected by the punishment of Death, which they are taught to consider as nothing but a momentary paroxysm which ends all their distress at once; nay even as a relief, which many of them, grown desperate, look upon with a species of indifference, bordering on a desire to meet that fate, which puts an end to the various distresses and anxieties attendant on a life of criminality.
The effect of capital punishments, in the manner they are now conducted, therefore, as relates to example, appears to be much less than has been generally imagined.
Examples would probably have much greater force, even on those who at present appear dead to shame and the stigma of infamy, were convicts exhibited day after day, to their companions, occupied in mean and servile employments in Penitentiary Houses, or on the highways, canals, mines, or public works.--It is in this way only that there is the least chance of making retribution to the parties whom they have injured; or of reimbursing the State, for the unavoidable expence which their evil pursuits have occasioned.
Towards accomplishing the desirable object of perfection in a criminal code, every wise Legislature will have it in contemplation rather to prevent than to punish crimes; that in the chastisement given, the delinquent may be restored to Society as an useful member.
This purpose may possibly be best effected by the adoption of the following general rules.
1. That the Statute-Laws should accurately explain the enormity of the offence forbidden: and that its provisions should be clear and explicit, resulting from a perfect knowledge of the subject; so that, justice may not be defeated in the execution.
2. That the Punishments should be proportioned and adapted, as nearly as possible, to the different degrees of offences; with a proper attention also to the various shades of enormity which may attach to certain crimes.
3. That persons prosecuting, or compelled so to do, should not only be indemnified from expence; but also that reparation should be made, for losses sustained by the injured party, in all cases where it can be obtained from the labour, or property of the delinquent.