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Oliver Wendell Holmes

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It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.
--
Buck v. Bell, 274 U.S. 200, 207 (1927).

 
Oliver Wendell Holmes

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Destroy him as you will, the bourgeois always bounces up — execute him, expropriate him, starve him out en masse, and he reappears in your children.

 
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There is no such thing as morality—only varingly expedient conventions. What to one race is a crime, is virtue to another; crime in one era is virtue in another; even a crime in one class of society is at the same time and in the same society virtue in another class . . . It makes no difference whether people are called good or bad; we are all here; now; there is only one world in existence, and in it there prevail either expedient or inexpedient conditions for those who are alive.

 
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A crime is the violation of the right(s) of other men by force (or fraud). It is only the initiation of physical force against others- i.e., the recourse to violence- that can be classified as a crime in a free society (as distinguished from a civil wrong). Ideas, in a free society, are not a crime- and neither can they serve as the justification of a crime.

 
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The well understood equity as well as interest of society demand that we work on much more to prevent crime and offenses than to punish them.

 
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It is often said that the accused should be given an immediate trial; that this and subsequent proceedings should not be hindered by delay; that the uncertainties of punishment furnish the criminal with the hope of escape and therefore do not give the community the benefit of the terror that comes with the certainty of punishment that could prevent crime. I can see no basis in logic or experience for this suggestion. It is based on the theory that punishment is not only a deterrent to crime, but the main deterrent. It comes from the idea that the criminal is distinct from the rest of mankind, that vengeance should be sure and speedy and that then crime would be prevented. If this were true and the only consideration to prevent crime, then the old torture chamber and the ancient prison with all its hopelessness and horror should be restored. Logic, humanity and experience would protest against this. If there is to be any permanent improvement in man and any better social order, it must come mainly from the education and humanizing of man. I am quite certain that the more the question of crime and its treatment is studied the less faith men have in punishment.

 
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