We may indeed derive a telling proof from statistical
records, by referring to the progress of repression in France,
over a period of sixty years, as I have already done in my
``Studies'' previously quoted.
When we speak of the repression of crime, we must first of all
distinguish between that which is due to the general character of
penal legislation, more or less severe, and that which is secured
by the administration by the judges of the law as it is. Now, so
far as legislation is concerned, the growth of crime in France
certainly cannot be attributed to the relaxation of punishment.
The legislative reforms which have taken place, especially in 1832
and 1863, on the general revision of the penal code, modified
punishments to some extent, but with the definite purpose and
result, as shown by the same official records of criminal
statistics, of strengthening the repressive power of the law by
providing for the application of less aggravated punishments. The
repugnance of juries and judges against excessive punishments, and
their preference for acquittal, is, indeed, a psychological law.
Moreover, it is well known that if there is in Europe a penal code
less mild than any of the rest, it is that of France, which is the
oldest of those now in force, and still retains much of the
military rigour of its origin.
Pages:
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141