Thoughts On Secondary Punishments in a Letter to Earl Grey
Thoughts On Secondary Punishments in a Letter to Earl Grey
Whately, Richard, 1787-1863
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113 and, as we maintain, positively mischievous, though far less mischievous than the practice of passing sentence of death where there is no intention of carrying it into effect. For surely all persons who have considered how awful and how painful a duty it is to dispose of the life of a man brought to the bar of a court to be judged according to law, must agree that, least of all things, the passing of the sentence of death should be made a solemn mockery. In all cases where death is not infl...icted in conse- quence of the sentence of a court of justice, the punishment is either 1. Transportation to the colonies for life, or for a term of years : 2. Imprisonment with or without hard labour ; or 3. Fine. The last of these punishments, whether inflicted singly or in conjunction with imprisonment, is only applicable to inferior offences committed by persons of property, a class of so little extent and importance, that we shall take no further notice of it, and proceed to consider the two great weapons of our penal armoury, transportation and imprisonment.
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