326 Mr. Turmr on Crimes and Pumjhmenis, 



are led to violate their oath, and perjure them- 

 felves to procure his acquittal; and if all this 

 is not fufRcient to faye him, the judge contrives 

 to avail himfelf of fome palliative circumftance 

 which may juftify a refpite : fo that it is a pretty 

 certain fafV, that of all the criminals convifled 

 in England upon capital indictments, fcarcely one 

 in three really fuffers the punifhment appointed by 

 the laws.* Now it is wifely obferved by one 

 who well underftood human nature, f and the 

 obfervation is confirmed by conftant experience, 

 that crimes are more effedually prevented by the 

 certainty, than by the/everity, of their punifhment. 

 For J every offender, when he reflefts upon the 

 very fmall proportion of convifts that really fuf- 

 fer for their offences, naturally encourages him- 

 felf with the refledlion. " Why (hould not I 

 cfcape as well as others ?" — And if, contrary to 



• See the iahle of executions at the end of Howard on 

 Prifons. 



t Beccaria. C. VII. 



\ Blackftone has exprefled this fentiment fo much better, 

 that I cannot refift the temptation to copy his words : 



" Among fo many chances of efcaping, the needy and 

 " hardened offender overlooks the multitude that fuffer; 

 *' he boldly engages in fome defperate attempt, to relieve 

 " his wants or fupply his vices ; and if, unexpeftediy, the 

 " handof juftice overtakes him, he deems himfelf pecu- 

 «' liarly unfortunate, in falling at laft a facrifice to thofe 

 *' laws, whicjj long impunity has taught him to contemn." 

 Vol. IV. p. 13. 



