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ONE:But perhaps the best illustrations of the tendency of actions to retain the infamy, attached to them by a past condition of fanatical punishments, are the cases of suicide and child-killing. Could a Greek of the classical period, or a cultivated historian like Plutarch reappear on earth, nothing would strike him more vividly than the modern conception or recent treatment of these crimes. According to Plutarch, Lycurgus, the great Spartan lawgiver, met his death by voluntary starvation, from the persuasion that even the deaths of lawgivers should be of use to mankind, and serve them with an example of virtue and greatness; and Seneca held that it was the part of a wise man not to live as long as he could but as long as he ought. With what astonishment, then, would not Plutarch or Seneca read of recent European punishments for suicide��of Lady Hales[75] losing the estate she was jointly possessed of with her husband, the Judge, because he drowned himself; of the stake and the cross-roads; of the English law which still regards suicide as murder, and condemns one of two men who in a mutual attempt at self-destruction survives the other to the punishment of the ordinary murderer! Is it possible, he would ask, that an action which was once regarded as among the noblest a man could perform, has really come to be looked upon with any other feeling than one of pity or a sad respect?But if the custody of the criminal class has been overrated as a preventive of crime, or regarded as the sole preventive instead of one amongst many, it does not follow that crime on that account must be left to itself. It only follows that we should trust to punishment less and to other agencies more in our war with[104] crime, and that we should seek to check the latter at its source, not in its full stream, by attending to the improvement of the general conditions of life. It is quite certain, for instance, that the spread of education, of which Beccaria wrote in terms of such despair, means the diminution of crime; and as the majority of crimes are committed between the ages of twenty and forty, it may be predicted that from the present year onwards the great Act of 1870 will bear increasing fruit in lowering our criminal statistics. More too may be hoped for from the electric light than from any multiplication of prisons.

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THREE: As soon as the proofs of a crime and its reality are fully certified, the criminal must be allowed time and opportunity for his defence; but the time allowed must be so short as not to interfere with the speediness of his punishment, which, as we have seen, is one of the principal restraints from crime. A false philanthropy seems opposed to this shortness of time; but all doubt will vanish, on reflection that the more defective any system of law is, the greater are the dangers to which innocence is exposed.The opinion that each citizen should have liberty to do whatsoever is not contrary to the laws, without fear of any other inconvenience than such as may arise from the action itself��this is the political dogma[203] that should be believed by the people and promulgated by the chief magistrates, a dogma as sacred as that of the incorrupt guardianship of the laws, without which there can be no legitimate society; a just compensation to mankind for their sacrifice of that entire liberty of action which belongs to every sensitive being, and is only limited by the extent of its force. This it is that forms liberal and vigorous souls, and enlightened minds; that makes men virtuous with that virtue which can resist fear, and not with that flexible kind of prudence which is only worthy of a man who can put up with a precarious and uncertain existence.
One morning, when Gregor Samsa woke from troubled dreams
THREE:There is a remarkable contradiction between the civil laws, which set so jealous and supreme a guard upon individual life and property, and the laws of so-called honour, which set opinion above everything. This word honour is one of those that have served as the basis for long and brilliant argumentations, without any fixed or permanent idea being attached to it. How miserable is the condition of human minds, more distinctly cognisant of the remotest and least important ideas about the movements of the heavenly bodies, than of those near and important moral notions, which are ever fluctuating and confused, according as the winds of passion impel them and a well-guided ignorance receives and transmits them! But the seeming paradox will vanish, if one considers, that, as objects become confused when too near the eyes, so the too great propinquity of moral ideas easily causes the numerous simple ideas which compose them to become blended together, to the confusion of those clear lines of demarcation demanded by the geometrical spirit, which would fain measure exactly the phenomena of human sensibility. And the wonder will vanish altogether from the impartial student of human affairs, who will suspect that so great a moral machinery and so many restraints are perchance not needed, in order to render men happy and secure.
One morning, when Gregor Samsa woke from troubled dreams

THREE:PREFACE.But at least, it will be thought, we have by this time arrived at some principles about punishment which correspond with the eternal truths of equity. Is not Equality, for instance, one of the primary essentials of punishment? Does it not stand as a penal axiom with almost the sanction of a moral law that all men should suffer equally for equal crimes? Yet, if by equality be meant the same punishment, the same kind of labour, the same term of servitude, the same pecuniary fine��and this is the only thing it can mean��what more obvious than that the same punishment for rich and poor, for young and old, for strong and weak, for men and women, for educated and uneducated, will bring to the constitution of a penal code the utmost inequality the imagination can conceive? Beccaria insists that the law can do no more than assign the same extrinsic punishment to the same crime; that is, the same punishment, regardless of all other external considerations; and he calls for the infliction of the same punishment on the nobleman as on the commoner. Let it be so; but the same punishment is no longer an equal one; and hence from this very demand for equality springs the demand for its very opposite, for what Bentham calls the equability of punishment; that is, consideration[77] for the different circumstances of individual criminals. So that the same nominal punishment not being the same real one, equality of punishment appears to be a chimera, and the law, which punishes, say, a distinguished officer less severely than it punishes a costermonger for the same crime, errs perhaps really less from actual equality than if it condemned both to precisely the same punishment.
One morning, when Gregor Samsa woke from troubled dreams
THREE:CHAPTER XIV. CRIMINAL ATTEMPTS, ACCOMPLICES, IMPUNITY.
One morning, when Gregor Samsa woke from troubled dreams

THREE:But if penal laws thus express the wide variability of human morality, they also contribute to make actions moral or immoral according to the penalties by which they enforce or prevent them. For not[74] only does whatever is immoral tend to become penal, but anything can be made immoral by being first made penal; and hence indifferent actions often remain immoral long after they have ceased to be actually punishable. Thus the Jews made Sabbath-breaking equally immoral with homicide or adultery, by affixing to each of them the same capital penalty; and the former offence, though it no longer forms part of any criminal code, has still as much moral force against it as many an offence directly punishable by the law.The country in which the first attempt was made to apply his principles to practice was Russia, where Catharine II. was anxious to establish a uniform[33] penal code, based on the liberal ideas of the time, which then found more favour in St. Petersburg than they did at Paris. For this purpose in 1767 she summoned to Moscow from all the provinces of Russia those 652 deputies who formed the nearest approach in the history of that country to a Russian Parliament. In the instructions that were read to this assembly, as the basis for the proposed codification of the laws, the principles propounded were couched not only in the spirit but often in the very words of the author of the ��Crimes and Punishments.�� The following are examples:��
One morning, when Gregor Samsa woke from troubled dreams
THREE:
One morning, when Gregor Samsa woke from troubled dreams

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ONE:Even the idea of public utility as the final test and standard of morality is derived from Beccaria, and the famous expression, ��the greatest happiness of the greatest number,�� occurs, in capital letters, in the very first page of the ��Delitti e delle Pene.��[30] Bentham himself fully acknowledged this. ��Priestley was the first,�� he says, ��unless it was Beccaria, who taught my lips to pronounce this sacred truth: that the[47] greatest happiness of the greatest number is the foundation of morals and happiness.�� And with reference to his idea of the measurable value of different pains and pleasures, he says: ��It was from Beccaria��s little treatise on Crimes and Punishments that I drew, as I well remember, the first hint of this principle, by which the precision and clearness and incontestableness of mathematical calculations are introduced for the first time into the field of morals.��

THREE:But at least, it will be thought, we have by this time arrived at some principles about punishment which correspond with the eternal truths of equity. Is not Equality, for instance, one of the primary essentials of punishment? Does it not stand as a penal axiom with almost the sanction of a moral law that all men should suffer equally for equal crimes? Yet, if by equality be meant the same punishment, the same kind of labour, the same term of servitude, the same pecuniary fine��and this is the only thing it can mean��what more obvious than that the same punishment for rich and poor, for young and old, for strong and weak, for men and women, for educated and uneducated, will bring to the constitution of a penal code the utmost inequality the imagination can conceive? Beccaria insists that the law can do no more than assign the same extrinsic punishment to the same crime; that is, the same punishment, regardless of all other external considerations; and he calls for the infliction of the same punishment on the nobleman as on the commoner. Let it be so; but the same punishment is no longer an equal one; and hence from this very demand for equality springs the demand for its very opposite, for what Bentham calls the equability of punishment; that is, consideration[77] for the different circumstances of individual criminals. So that the same nominal punishment not being the same real one, equality of punishment appears to be a chimera, and the law, which punishes, say, a distinguished officer less severely than it punishes a costermonger for the same crime, errs perhaps really less from actual equality than if it condemned both to precisely the same punishment.
He lay on his armour-like back, and if he lifted his head a little he could see his brown belly, slightly domed and divided by arches into stiff sections

THREE:
He lay on his armour-like back, and if he lifted his head a little he could see his brown belly, slightly domed and divided by arches into stiff sections

THREE:That Penology is still only in its experimental stage as a science, in spite of the progress it has made in recent times, is clear from the changes that are so constantly being made in every department of our penal system. We no longer mutilate nor kill our criminals, as our ancestors did in the plenitude of their wisdom; we have ceased to transport them, and our only study now is to teach them useful trades and laborious industry. Yet whether we shall better bring them to love labour by compulsory idleness or by compulsory work, whether short imprisonment or long is the most effective discipline, whether seclusion or association is least likely to demoralise them, these and similar questions have their answers in a quicksand of uncertainty. This only may experience be said to have yet definitely proved, that very little relation exists in any country between the given quantity of crime and the quantity or severity of punishment directed to its prevention. It has taken thousands of years to establish this truth, and even yet it is but partially recognised over the world.CHAPTER XI. OATHS.
He lay on his armour-like back, and if he lifted his head a little he could see his brown belly, slightly domed and divided by arches into stiff sections

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FORE:The same may be said, though for a different reason, where there are several accomplices of a crime, not all of them its immediate perpetrators. When several men join together in an undertaking, the greater its[163] risk is, the more will they seek to make it equal for all of them; the more difficult it will be, therefore, to find one of them who will be willing to put the deed into execution, if he thereby incurs a greater risk than that incurred by his accomplices. The only exception would be where the perpetrator received a fixed reward, for then, the perpetrator having a compensation for his greater risk, the punishment should be equalised between him and his accomplices. Such reflections may appear too metaphysical to whosoever does not consider that it is of the utmost advantage for the laws to afford as few grounds of agreement as possible between companions in crime.

FORE:That the punishments of long custody by which we[103] now defend our lives and properties are out of all proportion to the real needs of social existence is indicated by such a fact as that no increase of crime used to attend the periodical release of prisoners which was for long, if it is not still, customary in Russia at the beginning of each reign. Neither in India, when on the Queen��s assumption of the title of Empress, a pardon was granted to about one-tenth of the prison population, did any increase of crime ensue, as, according to all criminal reasoning, it should have done, if the safety of society depends on the custody of the criminal class.[60] In Sweden a low rate of crime seems to be a direct consequence of a low scale of punishment. Of those condemned to travaux forc��s, which may vary from a period of two months to a period for life, 64 per cent. are condemned for one year, and only 3 per cent. are condemned for seven years;[61] whilst sentences to the latter period in England form between 50 and 60 per cent. of the sentences to penal servitude.

FORE:By the present English law a person convicted of more offences than one may be sentenced for each offence separately, the punishment of each one in[106] succession taking effect on the expiration of the other. By this law (which the Criminal Code Commissioners propose to alter) imprisonment may be spread over the whole of a lifetime. On this point the Chinese law again offers a model, for it enacts that when two or more offences are proved against a man, they shall all be estimated together, and the punishment of all the lesser offences be included in that of the principal charge, not in addition to it So also if the offences are charged at different times, and the punishment of one has been already discharged, there is no further punishment for the other subsequent charges, unless they be charges of greater criminality, in which case only the difference between the punishments can be legally incurred.[63] But this of course presupposes a definite scale of crimes and punishments.Nor was it only in Europe that Beccaria��s influence thus prevailed, for as soon as the American Colonies had shaken off their English connection they began to reform their penal laws. When the Revolution began there were in Pennsylvania nearly twenty crimes punishable by death, and within eighteen years of its close the penal code was thoroughly transformed, it being ordained in 1794 that no crime should any longer be capital but murder in the first degree. It is true that this was but a return to the principles adopted by Penn on the settlement of the colony, but Penn��s penal code was annulled by Queen Anne, and the English Government insisted on a strict adherence to the charter from Charles II., which enjoined the retention of the Statute and the Common Law of England. When, therefore, the new Constitution was formed in 1776, the arguments of Beccaria gave fresh life to the memories of Penn.[25]

FORE:A still greater honour was the commentary written by Voltaire. The fact that only within a few miles of his own residence a girl of eighteen had been hung for the exposure of a bastard child led Voltaire to welcome Beccaria��s work as a sign that a period of softer manners and more humane laws was about to dawn upon the world��s history. Should not a people, he argues, who like the French pique themselves on their politeness also pride themselves on their humanity? Should they retain the use of torture, merely because it was an ancient custom, when the experience of England and other countries showed that crimes were not more numerous in countries where it was not in use, and when reason indicated the absurdity of inflicting on a man, before his condemnation, a punishment more horrible than would await his proved guilt? What could be more cruel, too, than the maxim of law that a man who forfeited his life forfeited his estates? What more inhuman than thus to punish a whole family for the crime of an individual, perhaps condemning a wife[14] and children to beg their bread because the head of the family had harboured a Protestant preacher or listened to his sermon in a cavern or a desert? Amid the contrariety of laws that governed France, the object of the criminal procedure to bring an accused man to destruction might be said to be the only law which was uniform throughout the country.

FORE:In the second place, a large proportion of the habitual criminal class is formed of weak-minded or imbecile persons, notorious for the repeated commission of petty thefts, crimes of violence and passion, and confessed to be ��not amenable to the ordinary influences of self-interest or fear of punishment.��[57] It is now proposed to separate this class of prisoners from others; but is punishment operative on them at all? Is not their proper place an asylum?

FORE:What are the pretexts by which secret accusations and punishments are justified? Are they the public welfare, the security and maintenance of the form of government? But how strange a constitution is that, where he who has force on his side, and opinion, which is even stronger than force, is afraid of every citizen! Is then the indemnity of the accuser the excuse? In that case the laws do not sufficiently defend him; and shall there be subjects stronger than their sovereign? Or is it to save the informer from infamy? What! secret calumny be fair and lawful, and an open one deserving of punishment! Is it, then, the nature of the crime? If indifferent actions, or even useful actions, are called crimes, then of course accusations and trials can never be secret enough. But how can there be crimes, that is, public injuries, unless the publicity of this example, by a public trial, be at the same time[144] the interest of all men? I respect every government, and speak of none in particular. Circumstances are sometimes such that to remove an evil may seem utter ruin when it is inherent in a national system. But had I to dictate new laws in any forgotten corner of the universe, my hand would tremble and all posterity would rise before my eyes before I would authorise such a custom as that of secret accusations.

FORE:Against this general uncertainty of punishment, which no severity in the law can affect or make up for, the only certainty of punishment dependent on the law is in the event of conviction. But even this certainty is of a very qualified nature, for it depends on sentiments of due proportion between a crime and its penalty, which in no two men are the same. Every increase of severity in punishment diminishes its certainty, since it holds out to a criminal fresh hopes of impunity from the clemency of his judges, prosecutors, or jury.Even when Paris was reached, and Beccaria and Alessandro were warmly welcomed by D��Alembert, Morellet, Diderot, and Baron Holbach, the homesickness remained. ��You would not believe,�� says Beccaria to his wife, ��the welcomes, the politeness, the demonstrations of friendship and esteem, which they have shown to me and my companion. Diderot, Baron Holbach, and D��Alembert especially enchant us. The latter is a superior man, and most simple at the same time. Diderot displays enthusiasm and good humour in all he does. In short, nothing is wanting to me but yourself. All do their best to please me, and those who do so are the greatest men in Europe. All of them deign to listen to me, and no one shows the slightest air of superiority.�� Yet[24] Morellet tells us that even on arrival Beccaria was so absorbed in melancholy, that it was difficult to get four consecutive words from his mouth.

FORE:Need it be said that the House of Lords paused, as they were entreated to do, and that they paused and paused again, in a manner more suggestive of the full stop than the comma, generally out of deference to the same authority? Romilly was indignant that so many prelates voted against his bills; but could they have done otherwise, when the best legal authorities in England urged that it would be fatal to vote for them?��when they were gravely told that if a certain bill passed, they would not know whether they stood on their heads or on their feet? It is a great point in every good system of laws to determine exactly the credibility of witnesses and the proofs of guilt Every reasonable man��that is, every man with a certain connection between his ideas and with feelings like those of other men��is capable of bearing witness. The true measure of his credibility is only the interest he has in speaking or in not speaking the truth; so that nothing can be more frivolous than to reject the evidence of women on the pretext of their feebleness, nothing more childish than to apply the results of real death to civil death as regards the testimony of the condemned, nothing more unmeaning than to insist on the mark of infamy in the infamous when they have no interest in lying.

FORE: Not only is it the general interest that crimes should not be committed, but that they should be rare in proportion to the evils they cause to society. The more opposed therefore that crimes are to the public welfare, and the more numerous the incentives to them, the stronger should be the repellent obstacles. This principle accordingly establishes the necessity of a certain proportion between crimes and punishments.The voice of a philosopher is too feeble against the noise and cries of so many followers of blind custom, but the few wise men scattered over the face of the earth will respond to me from their inmost hearts; and, amid the many obstacles that keep it from a monarch, should truth perchance arrive in spite of him at his throne, let him know that it comes there attended by the secret wishes of all men; let him know that before his praises the bloody fame of conquerors will be silenced, and that posterity, which is just, will assign him the foremost place among the pacific triumphs of a Titus, an Antonine, or a Trajan.