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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Crime : Its Cause And Treatment (1922) Ch. 36 "Remedies"Clarence Darrow
» Clarence Darrow - all quotes »
To me, capital punishment is a form of societal self-defense. It should not be employed indiscriminately, but in cases of the most heinous crimes, the death penalty may be the only appropriate punishment. Some people believe it is right to take a life to save the life of someone else, but they would not vote to take the life of a convicted criminal, no matter how horrible the crime. Others believe that killing another person for any reason is simply wrong. I respect those opinions, but I disagree with them. I'm convinced that government has a duty to promote community defense. The death penalty, when applied in appropriate cases, can be a strong deterrent to crime. It is certainly a deterrent to the convicted criminal sentenced to death, and it is also a deterrent to other potential capital offenders.
John Ashcroft
No punishment has ever possessed enough power of deterrence to prevent the commission of crimes. On the contrary, whatever the punishment, once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.
Hannah Arendt
Existing criminology is insufficient to isolate barbarism. It is insufficient because the idea of "crime" in existing criminology is artificial, for what is called crime is really an infringement of "existing laws", whereas "laws" are very often a manifestation of barbarism and violence. Such are the prohibiting laws of different kinds which abound in modern life. The number of these laws is constantly growing in all countries and, owing to this, what is called crime is very often not a crime at all, for it contains no element of violence or harm. On the other hand, unquestionable crimes escape the field of vision of criminology, either because they have not recognized the form of crime or because they surpass a certain scale. In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, and a criminal tribe, but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently what is often regarded as "political" activity is in fact a criminal activity.
This limitation of the field of vision of criminology together with the absence of an exact and permanent definition of the concept of crime is one of the chief characteristics of our culture.P. D. Ouspensky
The law which attempts a man's life [capital punishment] is impractical, unjust, inadmissible. It has never repressed crime—for a second crime is every day committed at the foot of the scaffold.
Donatien de Sade
Any citizen, with the help of the organ banks, can live as long as it takes his central nervous system to wear out. This can be a very long time if his circulatory system is kept functioning. ... But the citizen, cannot take more out of the organ banks than goes into them. He must do his utmost to see that they are supplied. ... The only feasible method of supplying the organ banks is through execution of criminals. ... A criminal's pirated body can save a dozen lives. There is now no valid argument against capital punishment for any given crime; for all such argument seeks to prove that killing a man does society no good.
Hence the citizen, who wants to live as long and as healthily as possible, will vote any crime into a capital crime if the organ banks are short of material. ... Cite Earth's capital punishment for false advertising, income tax evasion, air pollution, having children without a license.
The wonder was that it had taken so long to pass these laws.Larry Niven
Darrow, Clarence
Darwin, Erasmus
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