Quote by Thomas Jefferson
The fantastical idea of virtue and the public good being a sufficient security to the state against the commission of crimes...was never mine. It is only the sanguinary hue of our penal laws which I meant to object to. Punishments I know are necessary, and I would provide them strict and inflexible, but proportioned to the crime. Death might be inflicted for murder and perhaps for treason, [but I] would take out of the description of treason all crimes which are not such in their nature. Rape, buggery, etc., punish by castration. All other crimes by working on high roads, rivers, gallies, etc., a certain time proportioned to the offence... Laws thus proportionate and mild should never be dispensed with. Let mercy be the character of the lawgiver, but let the judge be a mere machine. The mercies of the law will be dispensed equally and impartially to every description of men; those of the judge or of the executive power will be the eccentric impulses of whimsical, capricious designing man.
Summary
This quote conveys the author's disagreement with the notion that virtue and the public good alone can ensure the absence of crimes in a society. Instead, they argue for strict and inflexible punishments that are proportional to the crimes committed. The author suggests that death can be a suitable penalty for murder and treason, but they advocate for removing crimes from the definition of treason that do not align with its inherently serious nature. Furthermore, the author proposes specific punishments such as castration for rape and buggery, and sentencing criminals to work in certain conditions for a duration corresponding to the offense committed. They assert that such proportionate and lenient laws should never be disregarded, and while showing mercy should be a characteristic of the lawgiver, judges should remain impartial and act solely as impartial entities for justice to be served equally to all individuals. The quote highlights the importance of an unbiased legal system and fair application of punishments.
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