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6
B 1 Ch. 7
Analogy
For inundation the most obvious analogy indicates
water as the proper mode the instrument of punishment. Let
the offender be drowned, accompanying the operation
with such circumstances as shall may tend to encrease
the apparent evil suffering produced. As this Considering the possible mischief liable to be
occasioned by of the offence this mode of punishment when recommended may be considered as objectionable purp on the score
of proportion: the death produced by drowning being
perhaps of all modes the least afflictive. In countries
This objection would be decisive if it were
necessary that any other offence should be punished
with cognate a punishment or that of death. In
order to render it more penal the patient might
be gradually drowned, by successive immersions
under water at short intervals.
Should poisoning ever be employed as a punishment
for the Poisoner?
In certain respects there is no fitter mode
of punishment. Poisoning stands distinguished
from other murders modes of occasioning death by the secrecy with which it
is may be committed & the cool deliberation which it imparts.
Of these circumstances the former adds to the strength
of the temptation, & in some measure to the mischief
of the offence: the latter indicates the probability
that the offender, watchful to his own interest, may
be attentive to any peculiarity in the quantity and
quality of the punishment. The idea prospect of perishing
by the same species of death as that he is preparing
for others another, would to naturally excite in him the most terrific anticipations.
In every operation for preparatory to the perpetration of the crime
his imagination will represent to himself the fate
that he to which he himself is exposed himself to. In this case this
analogy produces the which affect is very palpably efficient.
The employment of it use of poisoning as a punishment is
not however altogether free from difficulties. Poisons
are uncertain in their operation: and if the
same be employed on the criminal as had been
Identifier: | JB/141/036/002 "JB/" can not be assigned to a declared number type with value 141.
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rationale of punishment |
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ii second source of analogy |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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