Crime
and Punishment
Recently we can read
and see crimes everywhere, but not every criminal takes his punishment
properly.
No man
can be judged a criminal until he be found guilty; nor can society take from
him the public protection until it have been proved that he has violated the
conditions on which it was granted. If guilty, he should only suffer the
punishment ordained by the laws, and torture becomes useless, as his confession
is unnecessary. If he be not guilty, you torture the innocent; for, in the eye
of the law, every man is innocent whose crime has not been proved.
It is better to prevent crimes than to punish them. This is the
fundamental principle of good legislation, which is the art of conducting men
to the maximum of happiness, and to the minimum of misery, if we may apply this
mathematical expression to the good and evil of life....
Would you prevent crimes? Let the laws be clear and simple, let
the entire force of the nation be united in their defense, let them be intended
rather to favour every individual than any particular classes of men; let the
laws be feared, and the laws only. The fear of the laws is salutary, but the
fear of men is a fruitful and fatal source of crimes.
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