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1 James Haughton, On Death Punishment 1 (1861)

handle is hein.death/odethp0001 and id is 1 raw text is: 












    ON DEATH PUNISHMENT,

                     BY  JAMES   HAUGHTON.

      [Read before the Statistical and Social Inquiry Society of Ireland,
                          August, 1861.]


 I PRESUME that the subject of Death Punishment will be considered
 a fitting one to bring under the notice of this association; I there-
 fore beg leave to direct your attention to it for a brief period. It is
 well known  to most  of the audience I have now  the  pleasure to
 address, that this important question has long engaged the serious
 consideration of many of the best and wisest men and the deepest
 thinkers in every civilized country, both among men learned in the
 principles of jurisprudence and among  civilians ; who, in all such
 countries, have felt that this extreme punishment had its origin in
 the barbarism of early ages, and that as society advanced in its
 various stages out of this barbarism into a higher condition of civil
 ization, it should be superceded by a system more  in accordance
 with those principles of equity, benevolence, and christian feeling
 which  should govern society in relation to its criminal members.
 Hence we  find, that in the steady advance of society in these and
 other lands the punishment of death became more and more  abhor-
 rent, so that it was erased from the statute book of some countries al-
 together ; and in all countries professing the Christian name the pub-
 lic voice not only sanctioned but demanded its abolition, except for
 a few of the highest crimes of which man is guilty. In our  own
 country this punishment still rests on our statute book against some
 six or seven crimes; but practically it is only carried into execution
 on the person found  guilty of murder. This  amelioration of our
 criminal code has in all cases-I believe without one single excep-
 tion-been followed by good results. Punishments  are intended to
 guard society against the depredations of its criminal members, and
 to deter others from pursuing a like course of life; and there is
 abundant evidence to prove that those relaxations of our criminal
 law which substituted, from time to time, milder punishments in
 place of the death penalty, have in no degree tended to lessen the
 security of life and property; but that greater security to both has
 been the consequence of what experience has amply proved to be a
better system of jurisprudence. And yet, if we trace the history of
the various alterations in our law, from the severer to the milder

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