7. The want of an improved System with regard to the arrangements and disposal of Convicts—destined for hard labour or for transportation.
8. The want of national Penitentiary Houses, for the punishment and reformation of certain classes of Convicts.
9. The want of a more solemn mode of conducting Executions; whenever such dreadful examples are necessary for the furtherance of Public Justice.
Having thus explained the general features of the actually existing Crimes, and their probable causes, we shall in the next place proceed to some considerations on the present principles of Punishment in this Country, as compared with those in other Nations and ages. It will then be requisite to enter into particular and minute details on both these subjects; and to offer some suggestions for the introduction of new and applicable laws to be administered with purity under a correct and energetic System of Police; which may be, in some degree, effectual in guarding the Public against those increasing and multifarious injuries and dangers, which are universally felt and lamented.
CHAP. II.
Of Punishments in general.—The mode of ascertaining the degrees of Punishment.—The objects to be considered in inflicting Punishments—namely, Amendment—Example—and Retribution.—The Punishment of Death has little effect on hardened Offenders.—Examples of convicts exhibited in servile employments would make a greater impression.—Towards the rendering criminal laws perfect, Prevention ought to be the great object of the Legislature.—General Rules suggested for attaining this object, with illustrations.—The severity of our laws with respect to Punishments—not reconcileable to the principles of morality, and a free government—calculated in their operation to debase the human character.—General Reflections on the Punishments authorised by the English Law.—The disproportion of Punishments, exemplified in the case of an assault, opposed to a larceny.—In seduction and adultery, which are not punishable as criminal offences.—The laws severe in the extreme in political offences, while they are lax and defective with regard to moral Crimes.—The necessity of enforcing the observance of religious and moral Virtue by lesser Punishments.—General Reflections applicable to public and private Crimes.—The dangers arising from the progress of immorality to the safety of the State.—The leading offences made capital by the laws of England considered, with the Punishment allotted to each; compared with, and illustrated by, the custom of other countries, in similar cases, both ancient and modern: namely, High Treason—Petit Treason:—Felonies against Life, viz. Murder, Manslaughter, Misadventure, and Self-defence:—against the Body, comprehending Sodomy, Rape, Forcible Marriage, Polygamy, and Mayhem.—Against Goods or Property, comprehending Simple Larceny, Mixt Larceny, and Piracy,—and against the Habitation, comprehending Arson and Burglary.—Concluding Reflections relative to the severity of the Laws, and their imperfections with regard to Punishment—The new Code of the Emperor Joseph the Second, shortly detailed.—Reflections thereon.