PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Of Crimes and Punishments. 4:03
their violence becomes more formidable~ the confed.
erates more desperate, and the difficulty of defending
the publ ic a~ainst their depredations much greater,
than in the C3!'e of solitary adventurers. Which sev~
eral comsiderations compose a distinction, that is properly
adverted to, in deciding upon the fate of convicted
malefactor~.
In crimes, however, which are perpetrated by a 1
Iouldtude, or by a gang, it is proper to ~eparate, in \
the punishment, the ringleader from his followers, (
the principal from his accomplices, and even the per ..
son who struck the blow, br(lke the Jock, or first en- \
tered the house, from those who joined him in the t
felony; not so Inuch on account of" any distinc[io~
in the guilt of the offenders, as for the sake of casting
an obstacle in the way of such contederacies, by rendering
it difficult for the confederates to settle who
shall begin the attack, or to find a 111ar! amongst their
D(lmber willing to expose himself to greater danger
thal~ his a~sociates. 1"'11is is another instance in \\" hich
the pi.lnishn1ent, \\1hich expediency directs, does not
pursue the exact prOpOrrl(}ll of the cril11l·. .
Injurie£: effect.ed by terror ~nd vi(jlence~ are t ho.~
which it is the first and chief COllCern of lega.l gov.
ernment to repress; because, t!leir ext(li1t is Ulllilllited;
because, flO private precauti()n can protect tIl ~
SUbjl·:.t againsi them; bec~use, they cr.danger life and
safety, as we II as property; aha la:sti y, beca use they
render the ~ondjti~n of .s~jciety
of personal lllsecunt.y. I hese reasons do 1;0[ apply
to frauds, w11ich circuGls~)ectio!l
wrelched, by a sen~o/
111ay prevent; V/llic)1
mnst wait for opportunity; which can prccet:d only
to certain Jilllits; and by the apprehell~ion of- \vhich,
although the businf'ss of life be ir!commoded, life itself
is not made miserable. rl he appe;lrance of this
gjstinction has led sonle hunlane \\rrirers to express a
!ish, that c2pital punishments might be confined to
crimes of violence. .
In estimating the cOlT'parative malignancy of crimes
of violence, regard i~
to be had, not only to the prop"
er and intended mischief of the crinle, but to the
fright ocg&ioned bI the attack, to t~e_~ener~l alar~ .