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1826. Augt. Septr. 25.
Penal CodeCh. Aggravations
§.
from the application of the correspondent extra
punishments. Number of instances suppose in
one case, two; in another, three; in a third, four;
these numbers being so small, proportionally small
will be the number of instances capable of being
deducted from them by the means proposed or
any other means. But if the extra punishment
employed be great rather in show than in sensation,
especially if in sensation no real addition
be made, let the number of instances of the aggravated
case be ever so small, the smallness
of it will constitute no objection to the use of
the characteristical part of the punishment.
It will present itself to the imagination of the
public mind in the garb of justice. It will afford
to those who see or hear of it, a sort of
vindictive satisfaction for the pain of sympathy
produced by the offence: it will add to the
notoriety of the whole case, and contribute to
cement the association between the idea of delinquency
and the idea of punishment.
Note – the case in which the proportionality
between the evil and the offence and the
magnitude of the punishment may be conformed
to with the least scruple and reserve
is that where the punishment is of the pecuniary
kind, and it is to that alone that the
augmentation applies.
Identifier: | JB/065/053/001"JB/" can not be assigned to a declared number type with value 65. |
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