542 PROCEEDINGS OF SECTION G. 



another's places." I, however, fully agree with Mr. Nesbit, that 

 neither a harsh nature nor harsh punishments on the part of a Judge 

 prove him to be a strong character. The brave and strong: have 

 sometimes to be " cruel to be kind "; but the really brave and 

 strong nature never willingly inflicts needless pain. 



At the other extreme from the stern and unsympathetic school 

 are those who advocate what has been rather expressively, although 

 not euphoniously, called " coddling criminals " — the sentimental 

 school who. it is averred, are continuously raising the " poor dear 

 criminal " cry. It is unnecessary to enlarge iipon the views of 

 these good people, because they are generally very much in evidence 

 before the j)ublic, often alleging that our whole criminal procedure 

 is erroneous, that imprisonment does not act as a deterrent of crime, 

 and that criminals are only society's failures, and should be reformed 

 solely by kindness. Without stopping to inquire whether such 

 views will stand the test of reason, they seem to me sufficiently 

 answered by the author of " Crimes and Punishment." when he 

 says, " Shall we suppose for a moment that society would cease to 

 punish on the ground that punishment attained none of its professed 

 aims ? Would it say to the horsestealer, ' Keep your horse, for 

 nothing we can do to you can make you any better nor deter others 

 from trying to get horses in the same way'?" 



I think we may safely conclude that the present system will 

 survive the attacks made upon it on such grounds. Not that it is 

 by any means perfect. Every student of the Criminal Law and its 

 procedure knows how often it has been altered and how frequently 

 defects are discovered. Indeed, in the very nature of things this 

 must be so. To alter and amend, however, is one thing ; to totally 

 abrogate is quite another matter. The third or moderate current of 

 opinion previously alluded to recognises this, and is desirous of 

 assisting in every beneficial amendment of the Criminal Law whilst 

 avoiding the two extremes already dealt with. 



If the foregoing remarks are well grounded they serve to show 

 two essential elements in the framing of the penal law, viz.: — 

 (1) That punishments shall be so apportioned and certain as to 

 discourage all attempts at private revenge. (2) That they shall be 

 of such a nature as to satisfy the just but unimpassioned resentment 

 of the community. Whenever this has been overlooked or departed 

 fi'om trouble has ensued. 



A PASSING GLANCE AT THE PUNISHMENTS AAYARDED IN 

 BYGONE DAYS, AND THE EFFORTS MADE FOR THEIR 

 AMELIORATION. 



In 1771 there were upAvards of 200 crimes punishable with 

 death. Up to 1837 there were still thirty-seven capital offences. 

 Happily there are now only four, viz., treason, miu-der, piracy with 

 Tiolence, and setting fire to dockvards and arsenals. 



