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tions; and imagine that this light could only be derived from statistical data not attainable when these writers wrote.
The adequacy of particular punishments to particular offences upon Bentham's or any other principles of valuation, must no doubt be inde- finitely subject to circumstance in their applica- tion: but still I can conceive that some principles might be derived from statistical data to serve as a punctum saliens,
from experience of changes in Penal Law.
In the search for such principles what should Induction be endeavoured is, to ascertain the results of changes in Pound Law; that is, the effect of one punishment for a particular offence compared with the effect of another. Great changes have taken place in our own Penal Law since the commencement of the compilation of “Judicial Statistics," published annually by the Home Office, and though divers circumstances apart from the punishment may affect the frequency of a crime even within the compass of two years or of three, still an approximate estimate of the adequacy or inadequacy of a punishment may be arrived at after due allowance made for varying circumstances, provided the body of experience examined shall be large enough to attenuate in comparison the merely circumstantial variations.
The French “Statistique Criminelle" begins in European experience since 1825.
1825. From a “ Rapport à l'Académie Royale
des Sciences," and an essay with tables con- structed by M. Guerry in 1532 (which 1 happen to possess, without having access, however, to my
English experience in respect
punishment by death.
of
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later French statisties), I gather that if changes have taken place in the law since 1825 the effect of them will be ascertainable with some precision. inasmuch as in France circumstantial variations
of crime seemed (at least down to 1832) to have been very slight. It is alleged by M. Guerry that the French “Compte de l'Administration de la Justice Criminelle " had in 1832 been imitated in almost every country of Europe, and he enumerates fifteen countries as within his own knowledge. If so, there must be in existence extensive records of experience of change.
There is one example in our own law of large and successive changes effected since 1836 which, owing to the gravity of the subject matter, is especially deserving of investigation. By the Acts of 7 Gul. IV and 1 Viet., cap. 84 to 89 and 91 (17th July, 1837), the punishment of death was removed from about 200 offences, and loft applicable to high treason, murder, and certain attempts at murder, rape, arson with danger to life, and to piracies, burglaries, and robberies" when aggravated by cruelty and violence. The great majority of the offences which were exempted from capital punishment by these Acts had not been visited with it in practice for many years before, and in respect of them there could be no doubt that the dead letter of the law could do nothing but harm. There were some others which had been visited with capital punishment occasionally, though rarely, and with regard to these the prevailing argunent
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