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CHAPTER I. INTRODUCTION.[180]
Some crimes are injuries to a mans person, others to his property, and the former should certainly be punished by corporal punishments.Torture is a certain method for the acquittal of robust villains and for the condemnation of innocent but feeble men. See the fatal drawbacks of this pretended test of trutha test, indeed, that is worthy of cannibals; a test which the Romans, barbarous as they too were in many respects, reserved for slaves alone, the victims of their fierce and too highly lauded virtue. Of two men, equally innocent or equally guilty, the robust and courageous will be acquitted, the weak and the timid will be condemned, by virtue of the following exact train of reasoning on the part of the judge: I as judge had to find you guilty of such and such a crime; you, A B, have by your physical strength been able to resist pain, and therefore I acquit you; you, C D, in your weakness have yielded to it; therefore I condemn you. I feel that a confession extorted amid torments can have no force, but I will torture you afresh unless you corroborate what you have now confessed.It is not useless to repeat what others have written, namely, that the best method of preventing this crime is to punish the aggressorin other words, the man who gives rise to the dueldeclaring him to be innocent who without his own fault has been constrained to defend that which existing laws do not assure to him, that is, opinion.Less dangerous personally than the theological criticism, but more pernicious to reform, was the hostile criticism that at once appeared from the thick phalanx of professional lawyers, the sound-thinking practical men. From whom only two short extracts need be rescued from oblivion, as illustrations of the objections once raised against ideas which have since become the common groundwork of all subsequent legislation, in America as well as in Europe. The first extract is from a work on criminal justice by a lawyer of Provence, who in 1770 wrote as follows:亚洲色图 欧美人妻亚洲素人妻一本一道亚洲欧美校园人妻家庭亚洲欧美熟妻在线亚洲色之妻 亚洲涩涩色妻亚洲色图 校园春色人妻交换 亚洲激情小说色妻亚洲色图 欧美人妻 亚洲欧美校园人妻亚洲电影人妻交换 亚洲色图人妻
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