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 STRANGE PAINS AND PENALTIES

is efficacious in deterring from crime only if it be certain and speedy. Severity is quite a minor point, and it will be found that the deterring effect of punishment is by no means proportionate to its cruelty.

The first requisite is certainty, for human nature is so constituted that if there be a chance of escape, ninety-nine out of a hundred will be found to run the risk. A slight punishment, if certain, is infinitely more likely to produce the required results than the most terrible exhibition of cruelty upon representative criminals. If certainty be a main requisite, speediness is also necessary; lasting and cruel punishments harden but do not reclaim.

Of this our forefathers in the middle ages were profoundly ignorant. With an inefficient police, it was not to be expected that one tithe of the malefactors, then so numerous, should fall into the hands of justice, and the authorities endeavoured to make up for this imperfection by exaggerated severity, and by grotesqueness in the punishments they inflicted. 89