FORE:That the scruple to convict diminishes the certainty of punishment, and therefore raises hopes of impunity, is illustrated by the case of two American brothers who, desirous to perpetrate a murder, waited till their victim had left their State, in which capital punishment had been abolished, and had betaken himself to a State which still retained it, before they ventured to execute their criminal intention. That such reluctance to convict is often most injurious to[42] the public is proved by the case of a woman at Chelmsford who some years ago was acquitted, in spite of strong evidence, on a charge of poisoning, and who, before her guilt was finally proved, lived to poison several other persons who would otherwise have escaped her arts.[27][34]
FORE:Torture was definitely and totally abolished in Portugal in 1776, in Sweden in 1786,[24] and in Austria in 1789. In the latter country, indeed, it had been abolished by Maria Theresa sixteen years before in her German and Polish provinces; and the Penal Code of Joseph II., published in 1785, was an additional tribute to the cause of reform. Secret orders were even given to the tribunals to substitute other punishments for hanging, yet so that the general public should be unaware of the change. There was the greatest anxiety that it should not be thought that this change was out of any deference for Beccaria or his school. ��In the abolition of capital punishment,�� said Kaunitz, ��his Majesty pays no regard at all to the principles of modern philosophers, who, in affecting a horror of bloodshed, assert that primitive justice has no right to take from a man that life which Nature only can give him. Our sovereign has only consulted his own conviction, that the punishment he wishes substituted for the capital penalty is more likely to be felt by reason of its duration, and therefore better fitted to inspire malefactors with terror.��
FORE:These are some of the difficulties of the subject, which teach us the necessity of constant open-mindedness with regard to all ideas or practices connected with criminal law. But, would we further examine our established notions, we should consider a statement from Hobbes which goes to the very root of the theory of punishment.
FORE:But that the humanity of the speculative school of law was not without some influence on public opinion, as well as to a certain extent a reflection of it, is proved by a few abortive attempts in Parliament to mitigate the severity of our penal code in the latter half of the last century. Even so early as 1752[52] the Commons agreed to commute the punishment of felony in certain cases to hard labour in the docks; but the Lords refused their consent, as from that time onward for more than eighty years they regularly continued to refuse it to all mitigation of the laws affecting crime. It must ever remain a matter of regret, that the r?le of the House of Lords in the matter of criminal law reform should have continued from 1752 to 1832 to be one of systematic and obstinate opposition to change, and an opposition which had no justification in the general level of national enlightenment.
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项目名称 |
开始时间 |
结束时间 |
状态 |
责任人 |
| 1 |
Adminto Admin v1 |
01/01/2016 |
26/04/2016 |
已发布 |
Coderthemes |
| 2 |
Adminto Frontend v1 |
01/01/2016 |
26/04/2016 |
已发布 |
Adminto admin |
| 3 |
Adminto Admin v1.1 |
01/05/2016 |
10/05/2016 |
未开展 |
Coderthemes |
| 4 |
Adminto Frontend v1.1 |
01/01/2016 |
31/05/2016 |
进行中
|
Adminto admin |
| 5 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Coderthemes |
| 6 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Adminto admin |
| 7 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Adminto admin |
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