miscellaneous papers(各种各样的文件)-第6章
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I will take for the subject of this letter； the effect of Capital
Punishment on the commission of crime； or rather of murder； the only
crime with one exception （and that a rare one） to which it is now applied。
Its effect in preventing crime； I will reserve for another letter： and a few
of the more striking illustrations of each aspect of the subject； for a
concluding one。
The effect of Capital Punishment on the commission of Murder。
Some murders are committed in hot blood and furious rage； some； in
deliberate revenge； some； in terrible despair； some （but not many） for
mere gain； some； for the removal of an object dangerous to the murderer's
peace or good name； some； to win a monstrous notoriety。
On murders committed in rage； in the despair of strong affection （as
when a starving child is murdered by its parent） or for gain； I believe the
punishment of death to have no effect in the least。 In the two first cases；
the impulse is a blind and wild one； infinitely beyond the reach of any
reference to the punishment。 In the last； there is little calculation beyond
the absorbing greed of the money to be got。 Courvoisier； for example；
might have robbed his master with greater safety； and with fewer chances
of detection； if he had not murdered him。 But； his calculations going to
the gain and not to the loss； he had no balance for the consequences of
what he did。 So； it would have been more safe and prudent in the woman
who was hanged a few weeks since； for the murder in Westminster； to
have simply robbed her old companion in an unguarded moment； as in her
sleep。 But； her calculation going to the gain of what she took to be a
Bank note； and the poor old woman living between her and the gain； she
murdered her。
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On murders committed in deliberate revenge； or to remove a stumbling
block in the murderer's path； or in an insatiate craving for notoriety； is
there reason to suppose that the punishment of death has the direct effect
of an incentive and an impulse？
A murder is committed in deliberate revenge。 The murderer is at no
trouble to prepare his train of circumstances； takes little or no pains to
escape； is quite cool and collected； perfectly content to deliver himself up
to the Police； makes no secret of his guilt； but boldly says； 〃I killed him。
I'm glad of it。 I meant to do it。 I am ready to die。〃 There was such a
case the other day。 There was such another case not long ago。 There
are such cases frequently。 It is the commonest first exclamation on being
seized。 Now； what is this but a false arguing of the question； announcing
a foregone conclusion； expressly leading to the crime； and inseparably
arising out of the Punishment of Death？ 〃I took his life。 I give up mine
to pay for it。 Life for life； blood for blood。 I have done the crime。 I
am ready with the atonement。 I know all about it； it's a fair bargain
between me and the law。 Here am I to execute my part of it； and what
more is to be said or done？〃 It is the very essence of the maintenance of
this punishment for murder； that it does set life against life。 It is in the
essence of a stupid； weak； or otherwise ill…regulated mind （of such a
murderer's mind； in short）； to recognise in this set off； a something that
diminishes the base and coward character of murder。 〃In a pitched battle；
I； a common man； may kill my adversary； but he may kill me。 In a duel；
a gentleman may shoot his opponent through the head； but the opponent
may shoot him too； and this makes it fair。 Very well。 I take this man's
life for a reason I have； or choose to think I have； and the law takes mine。
The law says； and the clergyman says； there must be blood for blood and
life for life。 Here it is。 I pay the penalty。〃
A mind incapable； or confounded in its perceptionsand you must
argue with reference to such a mind； or you could not have such a murder…
…may not only establish on these grounds an idea of strict justice and fair
reparation； but a stubborn and dogged fortitude and foresight that satisfy it
hugely。 Whether the fact be really so； or not； is a question I would be
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content to rest； alone； on the number of cases of revengeful murder in
which this is well known； without dispute； to have been the prevailing
demeanour of the criminal： and in which such speeches and such absurd
reasoning have been constantly uppermost with him。 〃Blood for blood〃；
and 〃life for life〃； and such like balanced jingles； have passed current in
people's mouths； from legislators downwards； until they have been
corrupted into 〃tit for tat〃； and acted on。
Next； come the murders done； to sweep out of the way a dreaded or
detested object。 At the bottom of this class of crimes； there is a slow；
corroding； growing hate。 Violent quarrels are commonly found to have
taken place between the murdered person and the murderer： usually of
opposite sexes。 There are witnesses to old scenes of reproach and
recrimination； in which they were the actors； and the murderer has been
heard to say； in this or that coarse phrase； 〃that he wouldn't mind killing
her； though he should be hanged for it〃in these cases； the commonest
avowal。
It seems to me； that in this well…known scrap of evidence； there is a
deeper meaning than is usually attached to it。 I do not know； but it may
beI have a strong suspicion that it isa clue to the slow growth of the
crime； and its gradual development in the mind。 More than this； a clue to
the mental connection of the deed； with the punishment to which the doer
of that deed is liable； until the two； conjoined； give birth to monstrous and
misshapen Murder。
The idea of murder； in such a case； like that of self…destruction in the
great majority of instances； is not a new one。 It may have presented itself
to the disturbed mind in a dim shape and afar off； but it has been there。
After a quarrel； or with some strong sense upon him of irritation or
discomfort arising out of the continuance of this life in his path； the man
has brooded over the unformed desire to take it。 〃Though he should be
hanged for it。〃 With the entrance of the Punishment into his thoughts； the
shadow of the fatal beam begins to attendnot on himself； but on the
object of his hate。 At every new temptation； it is there； stronger and
blacker yet； trying to terrify him。 When she defies or threatens him； the
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scaffold seems to be her strength and 〃vantage ground〃。 Let her not be too
sure of that； 〃though he should be hanged for it〃。
Thus； he begins to raise up； in the contemplation of this death by
hanging； a new and violent enemy to brave。 The prospect of a slow and
solitary expiation would have no congeniality with his w
