s, "Do you think I
shall be transported? Save me from that, and I don't mind any thing
else." One thing, however, is clear: no punishment hitherto has lessened
the number of offenders; nor will any ever be efficient, until the
penalties awarded by the law unerringly follow conviction, especially
with the common robbers.
Turn over the pages of the Old Bailey session papers for years past, and
you cannot but be struck with the anomalies which are there apparent,
with respect to crimes and the sentences which have followed. The
impression a perusal of these papers made on my mind, was as if all the
business had been done by lottery; and my observation during twenty-two
sessions on the occurring cases has tended to convince me, that a
distribution of justice from that wheel of chance could not present a
more incongruous and confused record of convictions and punishments. In
no case (always excepting the capitals) can any person, however acute
and experienced, form the slightest opinion of what the judgment of the
court will be. Of this the London thieves are fully aware. I never could
succeed in persuading one before his trial, that he was deprived of all
chance of escape. They will answer, "Look what a court it is! how many
worse than me _do_ scramble through; and who knows but I may be lucky."
What men know they must endure, they fear; what they think they can
escape, they despise: their calculation of three-fourths escaping is
very near the truth. Hope, the spring of action, induces each to say to
himself, "Why may I not be the lucky one?" THE CHANCE THUS GIVEN OF
ACQUITTAL IS THE MAIN CAUSE OF CRIME. I do not mean to say three-fourths
come off free; they are subjected to some kind of punishment (excepting
a few cases of judgment respited); the others feel, no doubt, what they
undergo, but it is only as a soldier in the fight considers a
scratch--otherwise coming off with a whole skin, being ready for action
again. Another evil arises out of this irregularity of judgments. All
punishments are rendered severe and useful in proportion as the offender
feels he deserves it, and is conscious of having only his _quantum
meritus._. This the convict can now never feel, seeing his companion in
crime let off for a few months' imprisonment, he (his companion) having
been guilty of an offence equal to his own, and for which he (the
convict) is transported for life. Those connected with the court, in the
conversations I have had wit
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