Historical and sociological aspects of capital punishment

Abstract

Men desire to be rid of injury whatever its cause. The expected reaction to crime is punishment. The actual reaction today is still mainly penal but with varying admixtures of non-penal elements. For our purposes we may define punishment as the conscious infliction upon a disturbing individual of undesired experiences not solely in the interest of his welfare. Such a definition includes punishment for the sake of vengeance or abstract justice, but also punishment inflicted solely in the interest of social protection without any element either of blame or vindictiveness. Society punishes a robber when it sends him to the toughest prison in the country; but he is also punished in the most progressive prison, or even on probation, so long as he does not wish these restraints.