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1826. Augt. Septr. 25.
Penal CodeCh. Aggravations
§.
To an eye viewing the matter at a distance,
an arrangement of this sort presents little
difficulty: but when in detail it comes to applied
to practice, then spring up a swarm of difficulties.
To come at once to the most difficult
of all the difficulties. The most aggravating of all
to whom, in the same shape, the evil of one and
the same forbidden act, applies itself. But to
this number there are no limits. Suppose 7, 14, or
21 years the term of the punishment appointed
for homicide, or destruction of property by explosion.
Suppose Number of the persons put to death
by one explosion, suppose 100: what shall here be
done? Number of days or weeks or years that the delinquent
would have had to suffer the imprisonment – part of the punishment.
Shall it be multiplied by a hundred? Impossible –
yet nothing can be more certain that by the multiplication
of the number of sufferers by the offence,
by that same number of a hundred would the quantity
of the evil produced by it be multiplied. The evil of the 1st order wd be
so multiplied but not the
evil of the 2d order therein a
reason why punishment
should not be so multiplied
In the like manner will this consideration
be applied to the pecuniary part of the punishment.
Suppose again corporal punishment – suppose this infliction
by stripes to constitute part of the punishment – punishment
for the ordinary offence say stripes 100. This,
for the aggravation, would be 10,000
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