The Principles of Punishment: As Applied in the Administration of the Criminal Law, by Judges and Magistrates

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Law Times Office, 1877 - 238 pages
 

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Page 143 - Letter to Lord Kimberley. said by the advocates of the abolition of capital punishment that the worst use that could be made of a man was to hang him ; but surely it is a still worse use to make of a man who has become a hardened and habitual criminal (a) to let him loose upon society, after numerous convictions, to resume his vocation of plunder and educate others in criminality. Why should incorrigible thieves and irreclaimable burglars be left at large ? We shut up lunatics for life because they...
Page 164 - I trust that in time your fault will be forgotten by others as it is forgiven by me. But if you offend again against the law in any manner, you will be brought up on this conviction and then severely punished for what you have now done. Go home now and by your good conduct show your gratitude for the mercy that has been extended to you.
Page 150 - Not only are ^ev themselves criminals, but they tempt others to become criminal, profiting by the crimes they have prompted and doing their best to ruin, body and soul, the victims they have manufactured. The saying is as old as the law, that if there were no receivers there would be no thieves. But the law should have marked the magnitude of the crime by the magnitude of the punishment, distinguishing the degrees of guilt in the three classes of Receivers, namely (1), the Accidental Receiver, who...
Page 228 - After a moment's reflection, I said, 'You have behaved well, and so well that I shall not inflict upon you the sentence I had intended. In the hope that you will repent the past, and be honest for the future, I will give you a chance to retrieve the character you have lost. You shall go on your own recognizances to come up for judgment when called on.
Page 54 - And, on the other hand, as the possession of the servant is the possession of the master, it follows that a depositary or bailee who has a right of lien upon goods in his possession does not lose his right by placing the goods in the hands of his servant or agent for custody, who is to hold them at his disposal. Warehousekeepers and wharfingers to whom goods have been delivered by masters...
Page 103 - Cox felt that criminal justice intervention would disrupt the domestic order: 'After a husband has been placed upon the treadmill on the complaint of his wife, is it possible that he can love her, or is she likely to...
Page 141 - ... much as that tenderness for scoundrelism of all kinds that has become one of the pervading follies of our time. Modern philanthropy has so busied itself in ameliorating the condition of criminals that the condition of the thief has come to be almost more tolerable than that of the honest working-man. We have abolished the severer punishments, done away with transportation, and provided comfortable houses of detention, where convicted criminals are better housed, clothed, and fed than the average...
Page 164 - ... growing experience I am more and more inclined to its adoption. It is, in my view of it, infinitely to be preferred to the short imprisonment so decidedly condemned by the prison authorities. It gives to the criminal who has made only a first step in crime, a chance of redemption under the most favorable circumstances. He goes from the court without the stamp of penal discipline upon him — with a public recognition that he is not utterly lost — that the Judge had hope of a good future for...
Page 139 - And when a skilled thief gets out of gaol, without means, the receiver will readily advance him 50/. at a time, until he sees his way to an extensive shoplifting, from which he not only gets his advance returned but a great deal more in the value of the stolen goods. The number of detected receivers of stolen goods committed for trial in the metropolitan district for the five years ending December, 1868, was 642 ; being an increase of 38 on the preceding period. The vigilance of the police has probably...

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