OBSERVATIONS ON PENAL JURISPRUDENCE, AND THE REFORMATION OF CRIMINALS: PART III. CONTAINING FURTHER REMARKS ON THE OPINIONS OF THE EDINBURGH REVIEWERS; ON THE SOCIETY FOR PRISON DISCIPLINE; ON THE GENERAL PENITENTIARY AT MILBANK; AND ON THE STATE PRISONS IN AMERICA: BEING AN ATTEMPT TO DEMONSTRATE THE NECESSITY OF ADOPTING AN WITH AN APPENDIX, CONTAINING THE LATEST REPORTS OF THE STATE PRISONS AT NEW YORK, &c. BY WILLIAM ROSCOE, ESQ. LONDON: Printed by J. MCreery, Tooks-Court, Chancery Lane; FOR T. CADELL, STRAND; J. AND A. ARCH, CORNHILL; February, 1825. ΤΟ SIR JAMES MACKINTOSH, LL.D. M.P. &c. DEAR SIR JAmes, THE following Tract is inscribed to you with singular propriety, as it is chiefly to you that it owes its origin. In the debate which took place, on your motion, in the House of Commons, on the 21st May, 1823, for a Committee to consider on the Penal Laws, you took occasion, in honouring my last publication, on that subject, with your notice, to observe (as reported in The Times, of the following day) that, "The author had been a little biassed by misdirected humanity, in his hostility to severe secondary punishments, and that they seemed the only road by which we could escape from capital punishments." Such an opinion, from such a quarter, naturally led me to review the ideas I had formed; and the result has been a more thorough conviction of the practicability and necessity of that system, which was only partially indicated in my former publications. This has given rise to the following pages; which will, I hope, place my sentiments in a less objectionable light, and shew, that whilst it is generally supposed that crimes can be restrained only by severe and exemplary punishments, or the influence of fear, they may with more certainty be prevented, by subjecting the offender to reformatory treatment, and moral discipline, combined with productive labour; thereby relieving the community from the expense of his support, and at the same time, effecting such a change in his disposition, character, and circumstances, as will remove the inducement to commit them, and allow him to be liberated with safety and advantage to the public. That this will enable us to dispense with capital punishments, as effectually as by secondary punishments, can scarcely be denied; nor will it, I trust, be thought, that any efforts are misdirected, that are calculated to produce so desirable a result, as the establishment of an intelligible, humane, and effectual system of jurisprudence, which will substitute amendatory for vindictive punishments, and which, unless mankind be retrograde, must sooner or later take place. With the sincerest sentiments of attachment and respect, believe me, Dear Sir James, Toxteth Park, near Liverpool, 19th Feb. 1825. most faithfully yours, W. ROSCOE. SUMMARY OF THE ENSUING WORK. THE end and object of criminal law, p. 1.-Different modes by which these have been proposed to be attained, p.2.-RETRIBUTIVE JUSTICE, ib.-EXEMPLARY PUNISHMENT, p. 3.-Opinions of the Edinburgh Reviewers, p. 4.—Observations of M. Taillandier respecting them, p. 5.-Further remarks on their conduct and opinions, p. 7.—Reasons why the attempt to reform mankind by severe examples must always fail of success, p. 10.-1. It produces no change in the moral disposition of the criminal, p. 10.-2. He expects to escape detection, p. 11.-3. The habits and manners of the people of this country incalidate the influence of fear as a motive of conduct, p. 12.-4. The re-action of severe punishments defeats their end, p. 14.-Inutility of exemplary punishments acknowledged by modern writers, and Extract from the Treatise, de l'Administration de la Justice, et de l'ordre Judiciare en France, par M. D***, p. 16.—Effect of vindictive punishments, p. 17.—The sẻcurity of the peace and safety of society, the only true ground of penal discipline, p. 19.—Punishment of death, p. 20.-Secondary punishments, p. 21.-Their inefficacy, p. 22.-Establishment of the Society for Prison Discipline, p. 23.-Principles on which it was founded, p. 24. |